If your son has completed his 10th grade, the school should provide him with his official transcript. Regardless if there is money due, the school cannot hold up your child's education due to an unpaid bill. They can go after you for the legal fees, but would be unjust to hold back the transcripts. Although you may have to take them to court to get them to move forward in providing the transcripts, legally the transcripts are for educational purposes and to demonstrate what your child has done in school on an official level, they're not to be used as blackmail to keep until you they receive payment. Your ex-husbands chapter 7 bankruptcy filing should not interfere with you receiving your child's school transcripts, even if there is still money owed. Although if the contract you signed with the private school when enrolling your child did have a stipulation that they could withhold transcripts until all monies due are paid, this may stop you from receiving the transcripts until the debt is paid.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
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Answered on May 14th, 2012 at 5:29 PM