Parents always want what’s best for their children. This is an admirable sentiment, but it’s subject to change when a family is going through a dissolution or a legal separation. That sounds a bit extreme, but it sometimes happens when one parent insists that the other parent pay their child’s private school costs. California’s family codes don’t automatically include private school expenses as a factor in support calculations. As a parent, you have two ways to have those costs included in your child support payments.
Parents simplify the process when they agree that one or both parents should share their child’s private school costs. In some situations, financial concerns become a cooperation stumbling block, but you still have options. Even if an estranged spouse doesn’t willingly agree to the added expenses, the court has the discretion to designate tuition as a reasonable child support expense. Of course, you must present evidence to substantiate your request.
Attorney Steven M. Bishop has helped many families resolve their child support issues before they become insurmountable. As a Certified Specialist in Family Law, Attorney Bishop has helped couples negotiate support arrangements for private schooling and other additional costs. When necessary, he prepares and presents your supporting evidence in Family Court. Attorney Bishop provides compassionate guidance and assistance as he works to resolve your most pressing issues.
California has a history of litigation over child support and private school tuition. Parents rarely object to their child receiving a better quality education. Disagreements usually focus on cost. Tuition is the primary reason why joint or non-custodial parents rebel against paying for private school. Of course, it’s in the best interests of the child, but it’s usually a high-dollar child support add-on.
The website Private School Review documents 2020/21 school year tuition costs throughout the state. They receive regular updates from schools that confirm their tuition costs. The current average annual cost for private school education in California is $14,718 per year. Tuition varies widely depending on the school and the grade.
California Family Law establishes specific child support goals under Statewide Uniform Guideline, §4050 – 4076. The provisions establish child support requirements that meet a child’s need for housing, food, clothing, extracurricular activities, and other expenses. The guidelines also ensure that children receive financial support that’s consistent with the state’s high standard of living and high child-raising costs. The law presumes that the parent with the most physical responsibility devotes a substantial amount of their resources to raising their child.
The guidelines include several additional child support standards.
Under §4062, family courts have discretion in issuing orders that may include these and other additional items.
This discretion opens the door for a parent to receive child support that includes private school tuition costs. As with many court cases, the party requesting consideration has the burden of proving the need.
Many parents feel that private school is a choice, not a requirement. If you can’t convince your estranged spouse through sincere negotiation, you must persuade the court to find in your favor. You have several ways to plead your case. Your child’s school administrators and teachers should be able to provide evidence to help you substantiate your claims.
When you present a strong case, the court should accept your view that private school is a genuine obligation to your child. As both parents must share in the child’s support, the court may issue an order for one or both spouses to share the additional costs.
If private schooling provides the best education for your child, you might be able to work out an agreement with your spouse. If you can’t agree, the court will consider your evidence and make a decision. Either way, you should have a legal professional working on your behalf. Attorney Steven M. Bishop is a Certified Specialist in Family Law. He’s helped clients resolve child support issues during negotiations and in court. To schedule a consultation, call our office at (619) 299-9780 or complete our Contact Form.
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