For parents who have enrolled their children in private schools, negotiating how to handle tuition and other educational expenses after a divorce can prove to be a real headache. Oftentimes, these matters are worked out as part of a couple’s divorce decree. However, this isn’t always the case.
If a divorce is finalized and the matter of private tuition has yet to be addressed, the financial capabilities of each parent must be considered. In many cases, one parent may be in a better financial position to contribute more toward tuition, while the other may need to contribute less. In the event that parents cannot come to an agreement and must litigate their concerns, courts generally consider both parents’ incomes, assets and financial obligations when determining how to divide tuition costs.
“Before and after” concerns
If a former couple’s child was already attending private school before the divorce at issue, and both parents agreed on the decision at the time, courts are more likely to order that the child continues to attend the same school in the interests of consistency and stability for the child. However, the ability of each parent to afford the ongoing costs of private school will also be a major factor in determining whether continuing enrollment is feasible post-divorce.
With that said, courts also recognize that circumstances can change over time, and it may become necessary to revisit private school tuition arrangements at some point. If one parent experiences a significant change in income, or if the child’s educational needs shift, parents may need to modify their agreement to reflect these changes. In such cases, legal mediation or filing a modification with the court may be necessary.
Working out private school tuition arrangements after a divorce can be a complex undertaking. Thankfully, personalized legal support is available at any time.