For many parents who separate, questions arise about private school tuition and child support after divorce. You want to ensure...
For many parents who separate, questions arise about private school tuition and child support after divorce. You want to ensure your children are able to maintain the same educational standards and quality of life as they did during your marriage, and the lawyers at The Riley Divorce & Family Law Firm understand your concerns.
Learn more about child support and other expenses from our team of experienced family law professionals to gain a greater peace of mind as you approach life post-divorce. Here is what to know about who pays for tuition and child support now that you and your spouse are no longer married.
Courts typically treat private school tuition after a divorce as a Section 7 (special or extraordinary) expense under the Federal Child Support Guidelines. These costs are typically shared proportionally based on each parent’s income, provided the expense is reasonable, necessary, and aligned with the child’s best interests and pre-separation lifestyle.
Several factors influence the decision about whether the costs are appropriate, such as the child’s special talents or needs, the family’s financial situation, and your own history of education. The court is more likely to order continued payment if your child was already enrolled in private school before the separation. If you and your former spouse cannot agree on this expense, a judge would likely maintain the existing situation. However, if a private school is a new request post-divorce, the requesting parent must demonstrate why it is necessary and beneficial for the child.
As a parent, you have a legal obligation to provide your children with ongoing financial support, regardless of your marital status. However, the goal is to create fair, consistent standards, not to assign an overwhelming expense to one parent. That is why the courts determine the amounts to be paid using the Federal Child Support Guidelines or provincial and territorial equivalents.
In most cases, the court will order the parent who has less than 40 percent of parenting time to pay a set amount of child support based on their gross income. If your child spends at least 40 percent of their time with each parent, the court may reduce the support amount, considering increased costs for you and your former spouse, your respective incomes, and your needs. To ensure fair calculations, both parents must provide their lawyers with complete, up-to-date income information.
Disputes about private school tuition and child support after divorce only add to the confusion of an already complex and emotional process. The family lawyers at The Riley Divorce & Family Law Firm are available 24 hours a day to better serve you. Dissolving a marriage is not easy, but we are here to support you through every step. Contact us today.
The Riley Divorce & Family Law Firm
