Obligation of the divorced father to pay his children's tuition fees
Question
A divorced woman was awarded, by court ruling, payments for the ex-husband’s participation in half of the children’s education expenses. In practice, the ex-husband does not pay his half to the Talmud Torah. Is the divorced woman responsible towards the Talmud Torah for these payments, or is the entire debt only between the Talmud Torah and the ex-husband?
Answer
Shalom u’vracha.
It depends on the wording of the court’s decision.
(One must consider whether the obligation to pay the Talmud Torah falls on the mother, while the father has a separate obligation to reimburse her, or whether from the outset the obligation rests on both of them and each must pay his or her share. In principle, the primary obligation to pay the tuition lies on the father; however, it is possible that from the perspective of the Talmud Torah, since they do not know the father and the person standing before them is only the mother, and she is the one who hired them, this is binding — unless she told the Talmud Torah from the outset that the father is the one who must pay them. In practice, it depends on how the Beit Din that ruled on the divorce agreement formulated it: sometimes they obligate him to pay directly, and sometimes they obligate him to reimburse the mother for what she paid. In the latter case, she cannot tell the Talmud Torah, “Your fee is on the father,” since he is obligated to her and not to the Talmud Torah).