Getting divorced often results in two households not having as much money to spend as they did when everyone lived in one home. Couples typically speak to each other and make financial commitments based on their values for their family and their ability to pay.
When families have children in private school, a divorce tends to complicate whether the kids can continue to attend.
A number of practical and legal issues arise here.
If couples work together, they can find new resources, such as grants, scholarships, and other methods to pay for private school, often using the parent with the lower income as the applicant.
If they do not work together, the Court can order one or both parents to pay for private school (college is not part of the conversation), based on a balance of the following factors:
- The child’s educational history, including how long the child has attended a school, the need for stability and continuity, and the proportion of the parents’ income the child would have received had the parents stayed together.
- The child’s performance while in private school.
- The family’s attendance history at a particular school, particularly if the school is religiously affiliated.
- Whether the parents decided prior to the divorce to send the child to the private school.
- Other facts specific to the case that may impact the children’s best interests.
- The parents’ ability to pay or contribute to the payment of private school.
Are you going through a divorce with a child in private school, and conversations are at a standstill? An experienced family law attorney can provide you with a proper education and help you review your options. There are numerous alternatives you can consider before rushing to Court, where the decision will be taken out of your hands.
Remember, this is about the children first. Their education is critically important to their success, but the above factors cannot be ignored.
Milstein Siegel can help you. Call us at (410) 792-2300 or fill out the form on this page to request additional information.
