Legal Question in Family Law in New Jersey

Paid for preschool for years, now found out it was free all along

male w/joint custody has been paying preschool/daycare expenses for a school since 1999 to the custodial parent for his 5 year child. He has been paying $45/week twords it, he was told it cost $90/wk therefore he has to pay half of the cost. He has been doing that since 1999 till today. Just found out today from school, that his sons enrollment from 1999-2000 was only in total $60/week never has ever been $90/wk. Then from summer of 2000 until present he has been attending for no cost. It is a free program for residents(has nothing to do with income)free for all residents.Mother has told her own lawyer, also in court papers that is has always been $90/wk. How does father get reimbursed for the lie and all this money he has paid twords it,when it has been free since summer 2000 till now? Is this now a criminal case or still family law, should he contact her laywer and let the lawyer know that the school is willing to type a report stating the true facts and work something out or should he get a lawyer? he just wants to be reimbursed for the difference or have it deducted from his weekly child support payments, until the debt is paid off?


Asked on 6/27/02, 4:09 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Reimbursement for payments based on false statements

I would suggest that it would have been incumbent upon the paying party to have written proof of the cost before agreeing to pay to same. Nevertheless, I can see the possibility that if you can prove that there were false statements that induced you into paying, that a Court may be amenable to giving you relief. Bottom line - you need a full consultation with an attorney to look at the facts in detail before a determination can be made. (By the way, I would seriously doubt that any prosecutor would be interested in pursuing criminal charges, although I would agree that a lie in an affidavit may be perjury.) Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you need to contact an attorney immediately (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 6/27/02, 4:33 pm


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