QUESTION
Should I allow add-on support for tuition to be done as a motion after the fact or insist it be included in the settlement?
Asked on Nov 29th, 2012 on Divorce - Texas
More details to this question:
We have a settlement basically all agreed to - except tuition for private school. The school is his church's school and the kids have gone there their whole lives (one in middle school one in high school). He has paid half up until the last couple of months and has suddenly stopped paying. Now my attorney just sent me this in an email: "Regarding the issue of private school tuition I spoke with him (husband's lawyer) and he said that your husband will continue to pay his one half of the children's private school tuition but he did not want a court order or that mandated he is required to pay for private school tuition. As spoke to you before if he refuses to pay private school in the future we can file a post-divorce motion requesting that he pay for private school." I think everything should be done at once in the settlement agreement - not trying to go back and get something as fundamental as this in a motion later - what do you think?
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get it in the settlement of forget it.
Answered on Dec 05th, 2012 at 1:42 AM
Steven D. Dunnings
Not responsible for tuition.
Answered on Dec 05th, 2012 at 1:16 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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It could be risky to wait on this and try to get it ordered later. It would be best to resolve it now.
Answered on Dec 03rd, 2012 at 1:01 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It's tough putting it in the agreement. What if he loses his job. He can change his mind if its not in there but don't let this stop you reaching an agreement and force you to trial.
Answered on Dec 02nd, 2012 at 10:14 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to either trust your lawyer or fire him and find another one. This is not the appropriate forum for someone else to Monday-morning quarterback your attorney.
Answered on Dec 02nd, 2012 at 10:03 PM
If this issue is important to you you should litigate it now. You can always raise it after wards but you risk the court seeing your action now as indication issue not important.
Answered on Dec 02nd, 2012 at 7:02 PM
You may not be able to get that relief after the Decree is entered. Get the agreement done now.
Answered on Dec 02nd, 2012 at 6:59 PM