Yes. A court must look at whether your husband can afford to contribute, whether your daughter has historically attended a private school and whether it is in her best interest. I have had the exact same issue in front of two judges- one said yes, one said no.
Helping Good People At Their Worst Times
Month: April 2014
I was ordered by the judge in our case to attend mediation. What is it and can I bring my mom with me?
Mediation is an informal conference between the parties and a neutral 3rd party (mediator) who tries to get the parties to find a middle ground to settle. If you settle at mediation, you typically sign the agreement on the spot. It is binding immediately. There is no buyer’s remorse. From that point, you can have a short final hearing or…
What happens to my 401(k) if I divorce my spouse?
If you accrued funds into your 401(k) during your marriage, those funds are considered marital property and hence your spouse is entitled to a credit for one-half of them. However, if you had funds in a retirement account prior to your marriage, the amount in the 401(k) at the time of your marriage is considered separate. Practically speaking if you…
I heard there is a new relocation statute. What happens if I don’t follow it?
The party who relocates with the child without either written consent of the other party or the the Court, is subject to contempt, the return of the child, and attorneys fees. The Court may also modify the parenting plan in effect.
My daughter who is 13 wants to tell the Judge that she prefers to live with me. Can she do that?
The Judges dislike allowing a child to testify but if the child is of the sufficient age and intelligence, the Court can allow the child to testify. There is no bright line age. I’ve had children at age 9 testify. It all depends on their maturity. A child’s preference is a factor listed as one that the Court should consider…
If I file a divorce, does that mean that I can’t change my mind?
No, you can dismiss a divorce action at any time. You may have to obtain court approval if a final hearing has been scheduled, but generally you can dismiss it at any time.