Private School?

Please help....when my husband was originally divorced he agreed to pay partial private school to keep his son in the same school he was in to less traumatize the child. The childs school closed and he was only there two years, the divorce decree reads "At this time the father will pay 70% of the private school and the mother will pay 30% of the private school and will change successively when the mother completes her college education...." Along with this my stepson's mother did not pay the greatly overpriced health insurance policy that was included in my husbands child support and after 10 months of waiting for a court date after having proof she let it lapse we finally were able to have the child support modified but we still owe his former private school money and cannot in any way afford to send him to a different private school. His attorney did not for some reason bring up the private school at court and says we will have to go back to address that issue but again that is another $3000 we do not have for that. What could be the repurcussions of us not paying for the private school we cannot afford and is there a way to have it permanently removed from the decree without us having to afford more attorney fees at court and waiting another year for a court date?

Unless you can work out an amicable agreement with the ex-spouse and then file for a modification of the original support order, your husband really doesn't have a choice. If your husband fails to pay his portion of the original order, he can be found in contempt and the methods of support collection vary from state to state. If the original order was so specific as to state percentages, he's required to pay that percentage, plain and simple. Your attorney may have already explained that at some point.

The repurcussions are simple: your husband's wages can be attached, his driver's license (or other licenses as well) can be revoked, depending on the jurisdiction, he can even land in jail should the ex decide to pursue him. Those are only a few of the consequences, depending on the state you reside in. I really see no other alternative, other than coming to a jointly agreed upon arrangement (with attorney guidance, of course) and then filing for a modification with the courts. If some years have elapsed since the original order, you can also request the court to review and ammend it .. but be advised that unless your husband and his ex are willing to negotiate beforehand, the courts will act as they determine in the best interests of the child. That could end up costing a great deal more than the fees you posted above.

Good luck.

Do you think this applies although the state does not require private school to be paid for and the papers do not write in the private school as a court order?

I think what's specified in your custody order is 'what applies.' If it does in fact state your husband is responsible for 70% of private education, I believe that's what he's responsible for. If the support order is silent about that specific aspect, he's legally not required to pay (in my opinion.) There is, of course, a parental responsibility aside from the legal issue; I'm not about to address that one. You're correct in that no state requires a father to pay for private schooling .. unless of course the support order states otherwise. I can't help but suggest the 2 of you discuss "not paying" with that attorney you mentioned before the decision is made .. he's/she's obviously very familiar with the specifics of the court order (or should be by now.)