Legal Question in Family Law in New Jersey

Re: pre-school

Thank you for your question regdg whether you will be obligated to pay for pre-school that your estranged spouse has enrolled your son in. The answer to this question is not black and white, as the Court will consider many factors. These will include the child-care responsibilities provided by each parent, the reasons that your spouse enrolled the child in the program, the reasons you oppose the enrollment, whether it is reasonable (& feasible) for your mother to care for the child on certain days, your respective financial abilities and employment commitments, and most importantly, what is best for your son. This list is not exhaustive but represents some of the factors that may be considered. If you wish a personal consultation to discuss specific facts of your case, please call my office to arrange an appointment(856-795-6700). Our firm has an experienced family law department with attorneys who can provide you with guidance and representation. We look forward to meeting you. Karen Scheiner, Esquire

Re: pre-school

Thank you for your inquiry. Please be advised that I have not been retained to represent you and I am providing information on the limited amount of information you supplied.

However, is there a sepration agreement in place? If so, its terms can be enfored. Do the terms specify that you pay for day care/pre-school?

If there is no agreement in place, the Court will look to several factors and consider your arguments as to why your mother should watch the child, your wife's arguments as to why pre-school is better, both spouses financial resources and what are the "best interests of the child." There is no black and white answer to whether pre-school or you mother will prevail.

As to back pay, if there is no agreement in place between you and your wife and she enrolled the child without your consent and/or knowledge, back pay is not likely to be an issue but again, this is no gurantee and I would need all of the facts in order to properly advise you. Feel free to contact me at your earliest convenience at 908-537-7975. If you cannot afford an attorney, contact your county legal aid which will assist you for free provided you meet their qualifications.

GOOD LUCK