North Bergen, NJ asked in Family Law, Divorce, Child Custody and Child Support for New Jersey

Q: I have joint custody of the children. My adversary hasn't consulted with anything, now ask me to pay for all expenses

I have joint custody of the children, but my adversary hasn't consulted me on any decisions since our divorce.

Without my input, she chose an expensive out-of-state school for our son. Recently, she filed a motion seeking me to cover all college and additional expenses. Do I stand a chance in contesting this?

2 Lawyer Answers

A: You NEED to meet with an experienced divorce lawyer and have him prepare your opposition paperwork and your cross application addressing your ex's failure / refusal to cooperate with your rights as a joint legal parent under the terms of your agreement. Simply walking into court and thinking that you will oppose her application is a worthless exercise - you are required to file specific opposition type papers with exhibits to support your claims and the failure to do so does not mean that the judge must listen to you on the return date - he will not do so. Spend the money and handle the issue properly so that you have a fair opportunity to legitimately oppose her demand.

A: Thank you for your question. I am sorry to hear you are going through this stressful time. In a situation like the one you describe, contesting such an issue is certainly possible but succeeding in same depends on a getting more parenting time could be possible, however this would be based upon a number of factors. What is the financial situation for both of you? Has your son communicated with you regarding his choices? Are there any special instructions/orders assigned to your judgment of divorce or Marital Settlement Agreement in regards to college expenses? All of these aspects, and more, can have a bearing on giving you a definitive answer. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.

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