Legal Question in Family Law in New York
My exwife and I divorced a year ago and we have a 2 year old daughter together. We have joint custody of her but she lives with my ex. My ex decided she wants to put the baby in private school beginning now in nursery school. Our divorce settlement does not cover anything in regards to educational cost or private school costs only daycare expenses. Could I be ordered to pay for a private school education if it was not part of our settlement?
1 Answer from Attorneys
If the 2 year old is going into daycare, then the answer is yes, you may be ordered to pay for daycare even if not contemplated in the settlement agreement. However, if the child is going to private school when public school is an option, and there is not provision for payment in the settlement agreement, you will not be ordered to make payment.
Mike.