Legal Question in Family Law in Maryland

Private school

My son has been in private school since the 1st grade - in the seperation agreement it says that he must stay in private school and I am responsible until the 8th grade, no responsibilty for high school. He is now entering 9th grade and his mother has taken him for an independent eval to prove that he MUST stay in private school because he would benefit from smaller classrooms etc., (what kid wouldn't) therfore, I am responsible for 1/2 of high school - how do I prove that a public school has the resources he needs without having to spend thousands of dollars to get a seperate independent eval and to pay someone to come to court to say that the public schools can accomodate him? (He is a B/C student) We are not divorced -- everytime she wants more money for anything, she finds something new to add - the original agreement was signed in 2001! She has also made a comment about holding our daughter back a year -- so she'll be in school until she is 19 becuase there would be more athletic advantages for her (yeah, right - another year of child support and private school payments) She has already left one attorney because she couldnt get what she wanted - she is racking my legal fees up! - Please help! James


Asked on 7/06/07, 3:06 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Private school

If the separation agreement was prepared properly, it should contain a "non-modification" clause which would divest a court of jurisdiction to make you continue to pay for private school. While a court can always modify child support since it is for the child's benefit, I would take the position that her desire to keep him in private school is not a material change in circumstances justifying an increase in support to cover these school expenses.

As for your daughter, if your wife has sole legal custody there isn't much you can do about this, but if you have joint legal you should have a right to be heard on this issue. If the only reason to hold her back is for athletics, you may have a valid claim to avoid support past age 18.

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Answered on 7/06/07, 3:57 pm


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