Schooling Issue
danlaur...@comcast.net
My wife just moved about 2 years ago from Peoria Illinois to the
Chicagoland Area. She has two children ages 9 and 12 which are
currently living with their father in Peoria. Right after her move,
her exhusband petitioned her to court to get child custody (which the
judge did not issue) and then child support thereafter. Right now, he
is receiving 28% of my wife's salary for child support. Just
recently, my wife filed her own motion (she is representing herself)
to modify the most recent court order to reflect public education due
to the financial constraints of paying full child support along with
private education. We do not make alot of money, but make a modest
living (more than her exhusband and new wife) and my wife really
wanted to stand up for herself with this and stop him from trying to
control everything. Unfortunately, we did not know that illinois law
says that the opposing counsel is able to use my financial
documentation along with our bank account information as evidence
during the hearing. What does the law say in regards to a parent's
choice between public and private education? What are the chances
that she may win this arguement? Will the judge review my personal
financial information and take that into consideration? In response
to my wife's motion, the opposing counsel also recommended that my
wife pay extraordinary expenses such as dance classes, etc. in
addition to child support. Is this typical in these cases? Will my
wife be responsible for these extraordinary expenses even though she
is paying a hefty amount of child support and never agreed to any of
these activities? Please let me know your thoughts. Thanks for your
help!
Sincerely,
Dan
Raif Palmer
1. The decision on whether the kids get private or public education
should be set forth in the divorce decree...who gets to decide, who
pays, etc. The divorce decree is always the first place to look (or
the parentage order if these kids were from an unmarried couple).
Failing that, the Court will consider the "equities" or fairness based
on the facts and circumstances, such as - can the parties afford it?
Are the kids able to handle the school (aptitude)? Distance from
home? Quality of education? If sole custody is awarded to a party
that party gets to decide the issues of education, religion, medical
care, etc. Payment of that expense is a separate issue.
2. Evidence of your income is really not directly considered, but may
be admissible when the Court is determining an issue like this as you
found out. It really is focused on your wife's income, but yours can
become an issue. Remember, just because someone can request this info
in discovery by subpoenas, etc. does not necessarily mean the Court
will admit it into evidence at a hearing or trial. I'd recommend your
wife object to the admission of any of your income or your asset info
into evidence as not relevant.
3. The law does not say anything on public vs. private education per
se. The Court must do what is in the best interest of the child
generally. That is the standard. The Court must weigh all the
evidence when making that kind of decision. If Dad has sole custody
of the kids he will get to decide generally.
4. No surprise that the OC (opposing counsel) now wants
extracurriculars etc. That's always the danger with challenging
support issues, you can open a Pandora's Box of stuff and have the
custodial parent looking for three things that weren't even an issue
before just as a defensive response to the petition to reduce
support. I can tell you it is quite common for Courts to require that
parents share extracurricular expenses (sports equipment, class fees
for gymnastics, etc.) as those expenses are not considered part of
child support. Child support is for the basics of life - food,
clothing, and shelter.
5. Without knowing more about the decree or final order, I can't tell
you who has the right to decide, and whether your wife should bear a
portion of the expenses. Always best to call me, Raiford Palmer, at
630.434.0400 Ext. 165 at the law firm
of Momkus McCluskey if you live in Cook, DuPage, and Will Counties.
This response is for legal advertising purposes only and is not to be
considered legal advice as our firm has not been retained by you or
your wife, and I do not have enough information to give you a proper
professional opinion.
danlaur...@comcast.net
had alot of them. I even have a few more:
1. If both parents have joint legal custody of the children, does my
wife have say as to whether or not the children attend public school?
Right now the children are attending private school and the only thing
mentioned in their decree is that each parent should pay 1/2 of the
school tuition. Nothing is specified as to private or Catholic
education. Is this a valid arguement or does the judge just look at
what the children are accustomed to?
2. If I make $60,000 and my wife $28,000 (minus child support), don't
you think the opposing counsel will want the judge to view my income?
If my wife objects, is it just up to the judges discretion?
3. No questions on # 3!!
4. Does a judge take into consideration the total monthly expenses
paid by the non child support paying parent? and compare them to what
the child support paying parent already is paying before awarding
extracurricular activites? Even if my wife did not have any say in
the extracurricular activities, she could still be forced to pay half
of them?
5. No questions on #5!
Thanks again for all your help!
Dan
> > Dan- Hide quoted text -
>
> - Show quoted text -
Raif Palmer
payment question. See my blog at http://www.illinoisdivorce.blogspot.com
or contact me at 630.434.0400 Ext. 165 to schedule a consultation for
more information.
On Nov 6, 3:37 pm, danlaura2get...@comcast.net wrote:
> Thanks a million for taking my questions into consideration. I know I
> had alot of them. I even have a few more:
>
> 1. If both parents have joint legal custody of the children, does my
> wife have say as to whether or not the children attend public school?
> Right now the children are attending private school and the only thing
> mentioned in their decree is that each parent should pay 1/2 of the
> school tuition. Nothing is specified as to private or Catholic
> education. Is this a valid arguement or does the judge just look at
> what the children are accustomed to?
RDP: If not discussed in the decree, the parties must agree on the
education for the children in a joint parenting agreement. If the
kids are presently in private school and one party wants them to move,
the dissenting party will need to follow the dispute resolution
provisions found in most joint parenting agreements (mediation
usually) prior to going to court on the issue. If this wound up in
court, the dissenting parent would need to show the Court how moving
to public school would be in the best interest of the children, taking
all factors into account.
>
> 2. If I make $60,000 and my wife $28,000 (minus child support), don't
> you think the opposing counsel will want the judge to view my income?
> If my wife objects, is it just up to the judges discretion?
RDP: I would argue your income is not relevant to the determination of
child support. However, the court has the option of taking it into
consideration, known as the concept of "imputed income." This may
come into play if your wife is "under" employed, for example if she
worked full time before your marriage and now works part time but is
supported by you.
>
> 3. No questions on # 3!!
>
> 4. Does a judge take into consideration the total monthly expenses
> paid by the non child support paying parent? and compare them to what
> the child support paying parent already is paying before awarding
> extracurricular activites? Even if my wife did not have any say in
> the extracurricular activities, she could still be forced to pay half
> of them?
RDP: If the decree does not require your wife to pay for
extracurriculars, this is not an issue. If the decree provides for
these, again they would have to be agreed by the parents in advance.
If not agreed I would argue no need to pay for any part of them. The
expense calculation you mention would not be typical--the Court would
usually look at your wife's income to determine the support amount,
and *may* impute income from you depending on the circumstances.
Without more info I have a hard time answering this, you would need a
consult.