Legal Question in Family Law in New York
private school
My brother is going through a divorce for 2 years now. His ex wants him to pay for catholic school and an afterschool program for his 2 children. She will not sign the divorce papers until he agrees to pay. He already pays $1100. a month child support which also includes child care as court papers state. Can she decline to give him a divorce? Does he, by law, have to pay half of catholic school and afterschool?
2 Answers from Attorneys
Re: private school
A parent cannot be compelled to pay for or contribute to religious or other private schooling and training, unless they have previously consented to same, by tuition payment or other acts which do not indicate objections to the school or training.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: private school
Of course he "does not have to" pay for private schooling unless the parents agree in a separation agreement that he does. However, she is also within her rights to refuse to consent to a divorce on terms which she does not agree to. No one is compelled to enter into a settlement that they are not volunteering to be a part of.
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