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Can Child Support be Increased to Pay for Private School?

Posted on in Family Law

CA child support attorneyEducation is taken very seriously in San Jose. Over 40 percent of San Jose residents have a bachelor's degree or higher, and over 25 percent have some college or an associate’s degree. Some parents believe that private school is a better option for their child and that it will set their child up for success when it comes to applying to the best colleges in and out of state. However, private school can be incredibly expensive and may be impossible for a single parent to pay for. The average annual cost of private elementary in California is $11,000, while high school costs $19,000 per year. Whether you are the custodial or non-custodial parent, a San Jose child support attorney can help.

Private School Before Divorce

During a divorce agreement, the child’s education will likely come up. If the child was going to private school before the divorce or separation, the court may believe that it is in the child’s best interest to continue going to that school, even if it is difficult for the non-custodial parent to pay higher child support to make it possible. During a divorce agreement, the court generally likes to make as few changes as possible when it comes to the child’s life and taking them out of a private school that they have grown accustomed to would constitute a drastic change.

Post-Divorce Private School

It may be more difficult to get the non-custodial parent’s child custody to increase if the child did not go to private school before the divorce, but it is not out of the question. Much of the decision is based on the non-custodial parent and the custodial parent’s abilities to pay.

A custodial parent may ask the non-custodial parent to help pay to have their child or children enrolled in private school, or they may ask the non-custodial parent to pay for all of it. Does a non-custodial parent have to pay for this if they disagree with the idea of private school? Parents who agree about private school typically work something out without the assistance of a court. But if they are in disagreement, the court may be needed to either create a new child support agreement or uphold the current child support if private school is either unaffordable or the court believes it to be unnecessary or not in the best interest of the child. The court’s decision depends on the following circumstances:

  • Income of each parent;
  • Needs of the child;
  • Education history of the child;
  • Religious background of the child and family; and
  • Other relevant factors.

Contact a San Jose Child Support Attorney Today

Private school is a big decision, and the outcome can have a large impact on you and your child’s life. For legal assistance to make sure the right decision is enforced by the court, call or contact the dedicated San Jose child support and divorce attorneys at the office of Gemma V. Reyes at 408-292-6289 today for a free 30-minute consultation.

 

Sources:

https://www.towncharts.com/California/Education/San-Jose-city-CA-Education-data.html

https://www.privateschoolreview.com/tuition-stats/california

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