Can I Be Obligated to Pay for Private School for My Child?

 Posted on June 19, 2023 in Child Support

Not every child’s educational needs and situation are the same. In addition, two parents may not agree on what type of education is best for their child. One parent may wish to send their child to a private school, while the other may oppose it. An Illinois family law attorney can advise you on how to handle this situation. Any dispute could end up in family court if the parents cannot reach an agreement.

The Best Interests of the Child Test Applies

Every child custody decision in Illinois is made after considering the best interests of the child. This holds true whether the issue of private school is raised during the divorce or any time afterward. Some things that a court may take into account include:

• The child’s educational history
• Any special needs that the child has
• Family history of attending private school
• The child’s performance in school
• Any special abilities or aptitudes that the child has

The Court Will Consider Other Factors

A court will often consider whether the child was already in private school before the divorce. If the answer is yes, the court may imply that the parents have already agreed that private school education is in the best interests of the child. A court may hesitate to take a child out of private school in the interests of stability.

The court may also consider each parent’s individual ability to afford a private school education. If one parent does not have the ability to afford it, the court could either change the apportionment of expenses or order that the child be educated in public school. Finally, the court may also consider which parent is advancing the idea of private school. If one parent wants it, and the other does not, the court may factor that into the determination of who pays how much.

The decision of whether to include private school costs in child support payments will be made after considering the entirety of the factors. The judge has a great deal of discretion in reaching their decision.

Contact a DuPage County Family Law Attorney Today

The consideration of private school can have large impact on both your children and your finances. The Naperville, IL family law attorneys at Calabrese Associates, P.C. can guide you through the process, potentially negotiating an agreement or arguing in your case in court. You can discuss your legal matter by calling us at 630-393-3111.

Source:

https://www.kiplinger.com/personal-finance/careers/college/601680/divorce-who-pays-for-education-and-how-to-afford-it