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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 06-18-2021, 03:23 PM
helenj helenj is offline
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Default Daycare fees versus Public Junior Kindergarten

Hi all,

In March 2020, at a case conference, I agreed to pay 50% private daycare fees for my child.

In September 2021, he will be of age to go to Junior Kindergarten at public school, so I would no longer have to pay.

His mom is saying that because the daycare institution also offers JK and SK, she wants me to continue paying 50% for the next 2 years until he's finished JK/SK, because this private institution is "better" than Public JK. She claims because there is no "end date" in the endorsement, I am obligated to pay.

I reviewed the endorsement and while she is correct that there is no end date, it reads, "the Respondent shall pay 50% of His daycare and He shall pay this amount directly to the daycare". It does not mention that I have to pay for JK and SK. I only agreed to it because I was thinking in September 2021 he will go to JK.

I am already paying child support and it's difficult as it is. What are my options? Can she take me to court and win?

Thank you all for reading and energy you spend on this forum. Really one of its kind on the entire internet.
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  #2  
Old 06-18-2021, 04:58 PM
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Janus Janus is offline
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This one is actually tricky. Family law has a weird thing where if you agree to do something out of the kindness of your heart, you can often be forced to continue to do it later.

However, your story makes sense. You agreed to pay for daycare, but that does not mean that you agreed to pay for private school. There are no public daycares, so saying that you agreed to one does not mean that you agreed to the other.

I guess to some extent it would depend on the specific wording of your agreement. Based on the quote you provided, if I was a betting man, I would say that refusing to pay for private school would be a winning position.

Not a guaranteed win though.

Bonus: Your position is actually correct. Private schools are one of the biggest ripoffs in our society. You get the teachers who could not land a job in the public system, and settled for the low-security nonsense. I know many people who worked in both, and they all say that they spent much of their time in private school applying for positions in the public system.

The only real advantage to private schools is that your kids get to hang out with other rich kids, and then form those relationships that hopefully leads them to marry somebody who is wealthy.
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Old 06-19-2021, 04:37 PM
rockscan rockscan is offline
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Im with Janus. If its before and after school care then you pay but you dont pay for school. Public schools are available and a judge wont go against the government and say public school is bad.

This one you can tell her kid will be in school and name the closest school so daily care is not required and therefore not paid. It doesnt matter what your agreement says, kids age out into school so its a non starter.
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Old 06-20-2021, 11:48 PM
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What Janus said... and in addition...

No sitting judge will order a child to "private school" over the "public option". Its a statement against the government services whom they work for. The only time they will order a "private option" is if it was the status quo prior to the separation.

As Janus pointed out... The daycare does not = private school. Easy argument to make. If you agree to the private JK/SK then, you establish status quo and pay for private school forever... Say no now and save yourself oodles of unnecessary expenses. Janus is bang-on with regards to private school too!
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Old 06-21-2021, 09:09 AM
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Quote:
Originally Posted by Tayken View Post
If you agree to the private JK/SK then, you establish status quo and pay for private school forever...
Agreed. This is a major fight worth tens of thousands of dollars. Private school for a child is anywhere from 100k - 500k. There are lots of cool things you could do with that type of money besides private school.
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Old 06-21-2021, 09:37 AM
Brampton33 Brampton33 is offline
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Paying private school for JK/SK is seriously unnecessary. Its for those who have money to burn. At that age, kids learn the structure of the classroom and how to get along with people not within their family circle. My ex suggested private school for JK and SK and I replied that she was welcome to pay for it herself. She quickly changed her tune.
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Old 06-21-2021, 12:25 PM
Stillbreathing Stillbreathing is offline
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The only time I had my kids in JK private school (Montessori) was when public school JK was only 1/2 day and I worked therefor needed a full day of childcare. The cost of before and after school care if my child attended public school
For 1/2 day was the same if not more than my child attending Montessori for a full day with extended hours to accommodate my work schedule. Today in Ontario, public school JK And SK are full days so my argument is no longer applicable in these times
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Old 06-21-2021, 02:05 PM
helenj helenj is offline
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Hi all,

Thanks for getting back to me. I forgot to mention a point:

-She's saying that because his older brother went to private JK/SK, so should the younger brother.

-The older brother right now is going to private school and she is paying for it all by herself. The older brother has been going to private school for 2 years now. So she's saying it's only fair for the younger brother to have access to the same quality education.

Would that make a difference?

Thanks
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Old 06-21-2021, 02:42 PM
rockscan rockscan is offline
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Nope because she agreed she would pay for it. So like the others said, if she wants it she can pay for it. And truly she set the precedent that she will pay.
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Old 06-22-2021, 04:50 AM
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Quote:
Originally Posted by helenj View Post
Hi all,

Thanks for getting back to me. I forgot to mention a point:

-She's saying that because his older brother went to private JK/SK, so should the younger brother.

-The older brother right now is going to private school and she is paying for it all by herself. The older brother has been going to private school for 2 years now. So she's saying it's only fair for the younger brother to have access to the same quality education.

Would that make a difference?

Thanks
Is the older child your child or from another relationship?
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