Legal Question in Family Law in New Jersey

Can one party breach a signed contract and expect the courts to allow this breach?
My EX and I signed a legal document/consent order that our child, who is a New Jersey STAR scholarship recipient, would complete the STARS program prior to moving to the next level. I also paid her $1838.00 in compromises from this agreement. Less than one year into the STAR's program, one party of the signed agreement allows the child to leave the program and enroll in an out-of-state university without consulting the other party. Now the party who breached the agreement is demanding the other party "pay up" even though that person was not involved in the decision to change schools. The Gloucester County Courts are accepting the breaching party's position with an "Oh well, too late" attitude. How is it possible that the unknowing party can be held liable to pay those college expenses when that person was not included in the decision to change schools? Also, is the breaching party liable to return the $1838.00 due to the breach?

Asked on 4/20/10, 3:41 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

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The way you are wording your question is very confusing, but if I understand correctly, it appears that you paid $1838 to have your daughter in the STARS program and your ex allowed her to pull out of the program and registered her in another school. You then asked the Court to require your ex to repay you the $1838 and the Judge denied your request. You are trying to couch your argument as a simple breach of contract. However, in the Family Court system, it is more complicated than that. There are other concepts that may control here, such as "best interest of the child". Without knowing more about the particular situation, I cannot say with certaintly what happened here. However, my guess is that the Court ruled that the parent of primary residence had the right to make a decision and allowed that decision to stand and the payment of the money was not considered to be consideration paid as part of a contract. Again, just my guess.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me at 856-546-8010 to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

Answered on 4/25/10, 5:39 pm

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