Do I Have to Pay if My Ex Sends Our Child to Private School?

 Posted on October 10, 2024 in Child Support

Perhaps you and your ex disagree on virtually every aspect of raising your child, leading to near-constant conflict. Or perhaps you can usually set aside your differences and make decisions based on your child's best interests. Either way, school choice can be a hot-button issue between parents. One parent may want to homeschool, while the other believes public school is the best choice. Alternatively, one parent may want to send the child to a private school rather than public school or homeschooling.

This becomes not only an issue of disagreement about school choice but also about extra child expenses. Private schools are usually expensive, and your ex may ask you to pay for half of the tuition, uniforms, books, etc. If you feel you are already stretched thin financially, you may balk at the decision to put your child in a private school. But do you actually have the option of refusing to pay? If you find yourself in a similar situation, it is important that you speak to a knowledgeable Batavia, IL family law attorney from The Law Office of Matthew M. Williams, P.C..

Does Your Child Need a Private School Education?

Not every child’s educational needs are the same. If you and your ex are unable to agree on whether your child needs a private school education, the issue may end up in front of a judge. The judge will make this decision based not only on your child's best interests but also on both parents' financial situations. While many children might benefit from a private school education, far fewer parents are financially able to provide it. When tasked with determining the best interests of the child, the judge will consider:

• The educational history of your child

• Whether there are special needs of the child that must be considered

• A family history of attending private school

• How well the child is currently performing in public school or homeschool

• Whether the child has special abilities or gifts

The court will then consider whether the child was in private school prior to the divorce. If the child was in a private school, there may be an implication that both parents agreed that a private education was in the child’s best interests. To maintain stability for the child, the court may agree that the child should remain in his or her private school.

Additional Considerations Regarding Private School for a Child

If one parent withdraws his or her child from the private school attended prior to the divorce or refuses to continue to pay tuition, the other parent can file a motion to maintain the status quo.  If the parents cannot agree on whether to put the child in private school, then the court will decide based on the child’s best interests.

The ability of each parent to afford a private school education will be considered. If one parent can afford a private school education for the child while the other cannot, a change in apportionment of expenses could be considered, or the court could order that the child attend public school.

If the issue of private versus public school education was discussed during the divorce, then it may have already been decided. If the issue comes up later, after the allocation of parental responsibilities and child support have been determined, one parent may ask for a modification of those terms.

Contact a Kane County, IL Extra Child Expenses Lawyer

If the decision regarding whether to send your child to a private school – and how to pay for private school - cannot be resolved, the family court will get involved. Your Aurora, IL child support attorney will be able to present your case, whether you just disagree in principle or cannot afford the additional expenses.

Attorney Matthew M. Williams is a highly skilled family law attorney who also has experience with troubled youth. Attorney Williams focuses his practice on mediation and collaborative divorce to make the process more amicable and reduce costs. Contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to schedule a meeting.