The Family Foundation School

The complaint is missing key facts. The student referred to in the complaint did in fact receive his diploma and transcripts. The mother making the complaint enrolled her son based on her custodial authority. The Family Foundation School has a contractual arrangement with the mother. The Family Foundation School did take all available steps to engage the father with his obligation as presented by the mother and the copies of legal documents that she made available to us. The Family Foundation School is not a party to the marital dispute and resulting legal actions described in the mother's complaint. The mother who was the plaintiff in the NY State Supreme Court action against the father and who won the favor of the court has the authority to legally peruse the father through the state legal system.

As confirmed with the State of New York, Department of Education, when there is a contractual relationship between a family and a non-public school, non-public schools may refuse to provide transcripts to a student whose family has not fulfilled their obligation to pay all the tuition and fees (Matter of Spas v Wharton, 106 Miscellaneous Reports, 2d Series, Supreme Court, Special Term, Albany County, August 5, 1980). However, given the nature of the family difficulties as presented by the mother in this complaint, and given that the school's primary concern is for the future of its students, the school decided to waive its legal and contractual rights to hold the transcripts and diploma.

My son attended the Family School on 9/16/06 until 6/27/09- completing his H.S. educational requirements with excellent grades. However, he was not given his diploma nor is he eligible to get any school certified academic transcripts to continue on with his education.

In 2002, I was legally divorced by the Supreme Court in the State of New York. In the Divorce Judgement and then again in the Stipulation dated 11/15/06, my ex was mandated to pay all educational expenses for my son (100%). In addition, my ex was mandated by Family Court in the State of New York in 2006 to pay for my son's tuition at the Family School. My ex was the only one that signed the contractual agreement with the school holding him financially responsible. Furthermore, in January of 2009, the Supreme Court of New York issued a money judgement for my ex to pay the outstanding monies immediately. To date, the funds have not been paid and the school is holding me financially responsible. The school has made 2 offers to resolve this but the offers were only made to me and not to the party resposible for his obligation.

My ex is not to be found. It is believe he has left the country.

At the request of the school, I sent all my financial information (copies of tax return/letter of hardship) to show that I am unable to afford the outstanding balance which I am not responsible for. In addition, I forwarded all the legal documents to show that I am not responsible.

MY COMPLIANT: This school is not honoring THE SUPREME COURT OF NEW YORK's paperwork. It is hard enough on my son that his father has abandoned him and now the School has done the same. The School refuses to answer my correspondence regarding their actions in obtaining payment from my ex.