Author Topic: School Fees  (Read 9792 times)

olatheguyks

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School Fees
« on: August 21, 2013, 04:12:13 PM »
My question is are normal school fees considered to be a part of regular child support and should be paid by the residential parent?

We have an 80/20 split of extra ordinary costs---which I've paid 80% of 3 major orthodontic procedures over the past 3 years.  I've always paid 80/20 for normal school registration fees---but have been told by several other people that I am not obligated to pay these---and thought I read something where guidelines spelled this out.  On top of that---I paid 100% last year with the agreement that my ex would repay me---and she never did.

I have a Joint custody situation with my ex having residential custody.  Our divorce degree originally and still has a Shared plan---but when I was taken back to court a couple of years ago, we found that there was no detailed shared expense plan and the judge said without that---shared will not be enforced.  My ex has made sure my kids are estranged from me and I don't get to see or talk to them---ever.  She only communicates with me when she wants money.

Please advise.  Thanks!


Guru

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Re: School Fees
« Reply #1 on: August 22, 2013, 12:02:35 PM »
Yes, school fees are considered direct expenses and are included in the basic child support amount.  If you need a reference, look at section II.B.7.a.(1)(b) under shared expense plans.  The guidelines clearly state that direct expenses include education expenses.  Of course you are also paying for indirect expenses (housing and utilities) for your children and your ex, which is in addition to the direct expenses.  It's all rolled into the single child support number.

Where you get into more litigation is when the children attend a high-cost private school or require special education.  In those cases, a court can determine whether or not the expenses will be shared and how they will be shared.

It sounds as if you are not bound by any expense sharing plan because the judge ruled it was not filed and would not be enforced.  In that case you would usually just be responsible for your income proportionate share of any uncovered medical expenses or things like that.

olatheguyks

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Re: School Fees
« Reply #2 on: August 22, 2013, 12:14:20 PM »
Thanks for the information.

olatheguyks

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Re: School Fees
« Reply #3 on: August 23, 2013, 11:05:08 AM »
Another question---a little different topic.  I have been paying 80% towards school fees since 2005 and 100% last year.  I plan to figure the total amount up in case we go back to court.  Is there a chance judge will credit CS for some or all of this over time??

1 more---if my ex continues to ignore the bill from the school---the school said they will send 2 more reminders to her---and then it will go to collections.  The school said they would not get involved in the dispute--and we will have to settle in court.  If ex files a motion on this---I think I can ask for dismissal based on the law.  I'm worried about my credit.  Should I go ahead and pay it before it goes to collection---and chalk it up with the other payments?  Or can I somehow get the school to only send collections to her?

Thanks!

KTM

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Re: School Fees
« Reply #4 on: August 23, 2013, 04:51:51 PM »
olatheguyks,

Given your stated No Contact Order with the children you have two choices.

1. Pay the school fees for your minor children because you believe that it is in the best interest of the future for the children you love. Do not offer any assistance for college tuition without first establishing a relationship and boundaries with them after age 18.

2. Do not pay the school fees and hope you x can afford to do so as not to cause them further hardship. Wait for her to take you back to Court under the new Child Support guidelines which allow for such extra fees to be added into the Child Support calculations and use that as an opportunity to assert your desire for parenting time with your children even if it begins with Court Ordered supervised visitation by a third party service.

If you signed a contract with the school to pay the money than you owe it and they will attempt to collect from you and possibly refuse to allow your children to attend there in the future. If you did not sign a contract with the school than it is not your legal obligation and they can not collect the fees from you even though the children are yours. But, your children may suffer sever consequences and more disruption in their lives if you do not pay the school fees.

Guru

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Re: School Fees
« Reply #5 on: August 23, 2013, 08:37:05 PM »
Maybe I missed something in your post, olatheguyks.  Do your kids attend private schools or public schools?  There seems to be a separate order for school fees so I must assume your kids attend private schools.  With that assmption, KTM is right, the court will most likely order you to pay for school anyway because you are the only one with a job.  That is if you agreed that the kids would attend private schools.  Of course at this point it doesn't really matter because they will have been attending the same school for years you you've not contested it.  Otherwise the money you give her every month for child support should cover all school expenses.

olatheguyks

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Re: School Fees
« Reply #6 on: August 23, 2013, 09:27:16 PM »
Public Schools.  I have been paying 80% of basic school enrollment fees since 2005 and was recently made aware of the fact that I should not have been---that they are covered in CS that I pay each month.

Guru

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Re: School Fees
« Reply #7 on: August 24, 2013, 01:01:34 AM »
Ah, well I suppose from this point on, its up to you.  I think any good local attorney who knows the local judge and court rules would respectfully remind the judge that these kinds of costs are already included in child support so you've been paying more than your fair share fore many years.  I can't see a judge ordering any more on top of child support to attend public schools.  If he does, there's probably grounds right there to appeal the ruling.

KTM

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Re: School Fees
« Reply #8 on: August 24, 2013, 06:44:11 PM »
olatheguyks -

I too assumed (mistake) that your kids were not in the public school system. I am having difficulty understanding why you would believe that a public school would take you to collections for unpaid school fees. I do not believe there would be any negative consequences to your child(ren) for not paying the school fees.

Going after you in collections may even open up a can of legal worms for the district. Fees are legally allowed to be charged by the schools and the district. But, there are strict laws regulating how much and what it is for due to the public/state funding of the educational system and anti discrimination laws.

There would however be negative consequences to the taxpayers of the state who would likely indirectly end up paying for your children's school fees.

ksmom3

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Re: School Fees
« Reply #9 on: August 31, 2013, 11:59:00 PM »
KTM-- I am not sure if I am reading your response correctly about the public school sending money due to collections.  I still owe some fees from last year to my kids schools.  At the beginning of the summer I got something saying it would be sent to collections and then at the beginning of this year if we didn't set up arrangements then they weren't going to give my 6th grader his schedule. LOL which I'm not sure how that would have worked out.  Every public school has different fees for the child to go to school, how can all this be expected to be included in child support order considering the fees up for being charged for multiple things, which is different in every grade, class and district.  Not to mention getting the stuff they need to go back to school.