How School Tuition Works Post-Divorce

Posted on: 31 March 2022

After a divorce, you may be left with more than rent and utilities to pay. You may be left with child custody to sort out as well. Beyond that, you need to discuss exactly how you will work with the expenses associated with having a child together.

When it comes to issues like who will pay for school tuition, you may decide to hash them out in court. Family lawyers help many people sort out who will pay for school tuition, whether your child is going to college or to a private elementary school.

If Both Parties Agree

If both parents agree that the child will attend private school, the court is not going to object. Additionally, the judge is not going to make a decision against a parent choosing to pay for tuition, so long as the school is agreed upon.

If Both Parties Can't Agree

If one parent does not agree to pay private school or college tuition, a few things may happen. For one, the judge may take a look at what each party is paying in terms of child support. They may determine if it makes sense to add tuition costs to the child support, or if the parent receiving the support will be able to make those tuition payments with the support provided.

The Court Considers Several Factors

One factor the court will consider if the parties are unable to agree is where the child is in school. A child who is about to graduate or who is in their last year at a particular school might be best served to stay in this school. The judge tries to make sure that the child's life is disrupted as little as possible.

Additionally, the court will also consider how much money each parent has or makes. Of course, income changes a lot after marriage and divorce, so the judge will factor all of this into the decision as well.

Finally, the judge will think about whether attending private school or college is a necessity for the child or if there are other ways to cover the expenses. For example, a child with special needs may need to attend a school that has resources to help them.

What If You Don't Know What to Do?

If you are unsure what to do next, it may be a good idea to consult with a family law professional. Your family lawyer will help you make a case regarding tuition fees so that you can rest assured knowing your child and your financial situation are both served.


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