Child support can be a contentious and emotional subject, especially when a non-custodial parent believes that the custodial parent is not using the money to benefit their children.
The purpose of child support is to pay for necessities such as food, shelter, clothing, entertainment and education.
But in some instances, the custodial parent may believe that sending a child to private school is in their best interest, which may raise problems with a non-custodial parent who isn’t willing to increase child support payments.
What Does It Take To Increase Child Support To Pay For Private School?
If both parents agree that their child should have a private school education, and the non-custodial parent is willing to pay more in child support to cover these fees, they can amend the child custody agreement without going to court.
But what happens when the custodial parent believes that private school is necessary, but the non-custodial parent disagrees?
In that instance, the custodial parent would have to petition the court to modify the child support payment.
While many family court judges will determine child support modification requests based on a material change in the circumstances of the custodial parent, non-custodial parent, or the child, a custodial parent could present evidence proving that the non-custodial parent can afford an increase in support payments, and that the public schools in the area where the child lives are inadequate.
These types of modifications are decided on a case-by-case basis, so there is no real precedent other than what will most benefit the child, as well as the additional financial burden the modification places on the non-custodial parent.
Another thing to remember is that if a child was already attending private school prior to the divorce, there is a higher likelihood that a judge will determine that it is fair and reasonable for the non-custodial parent’s child support payment amount to include private school tuition.
Why You Need A Family Lawyer
There is no law that states that a custodial parent must pay for a child’s private school tuition, but on the other hand, factors such as ability to pay, and the quality of the public schools in the area where the child lives could influence a family court judge to increase the child support a non-custodial parent must pay.
If you are a custodial parent who wants to request an increase in child support payments, or if you are a non-custodial parent who is fighting a child support modification request, you need the experienced services of the Law Office of Jeffrey Thompson. Please call us today at 321-253-3771 for a free legal consultation.