It's not a small decision. The choice of school your child will attend will significantly impact the direction and shape of their life. But what happens when your ex-spouse is at odds with your decision?
It Usually Comes Down to Money
In my experience, the disagreement about whether or not to send your child to a private school is generally about finances. Private school is expensive—sometimes more costly on an annual basis than your mortgage payments. With such a significant expense on the table, it may come as no surprise if your ex-spouse disagrees, particularly if they would be obligated to pay most of it.
A Hearing May be Required
If you and your ex-spouse cannot agree about which school your child will attend, then the court may require a hearing. The court calculates child support on a per-case basis, considering both incomes and the amount of time each parent spends with the child.
If private school tuition is outside the established child support budget, the court may still order one parent to pay for it, or for both parents to somehow split or share the costs.
What's Best for the Child Weighs Heavily on the Situation
What's in the best interest of the child factors significantly into the court's decision. For example, if the child is already in private school and has been for years, and the supporting party can afford it, the chances are high that the court will grant the request to stay in private school.
In other situations, the court may rule that it is not in the best interest of the child to be in a private school. For instance, if it falls too far out of range of the supporting parent's budget, or if the religious affiliation of the school conflicts with the child's religion.
The cost of divorce itself may lower the budgets of both parents, which can also impact the decision of which school would be best for the child. The court could find that paying tuition would take away other essential needs for the child.
Every Case is Different
No two cases are the same, and not everything is as simple as it seems. Depending on your child's unique situation, it may be an easy case for the court to consider or require a more complex calculation.
As always, reaching an agreement with your ex-spouse is the most desirable situation, as you can avoid the time and expense of a court hearing. If you can't come to an agreement and require a hearing, it is best to come prepared, and with representation, to offer your most compelling arguments.
Park Family Law Can Help
Do you need to make a case for your child to attend the school of your choice? Call the attorneys at Park Family Law to help you obtain the best results.
Whether you need an experienced mediator to amicably and efficiently settle your case, or an aggressive litigator to get you the best results in Court, Park Family Law can assist you every step of the way.