Question

My wife and I always agreed that we would send our daughter to private school.  Now that we’re splitting up, she says that she can’t afford it – even though she earns the same salary.  Will the court make her stick to her promise?

Answer

Maybe.

An Order of Child support sets out the financial obligations that both parents owe to their children.   This will include special expenses like uninsured medical costs, daycare and (if appropriate for that particular family) private school.

There are no hard and fast rules about whether the court will order parents to pay for private school.  If the child is already attending private school and has been enrolled there for several years, it is more likely that the court will try to see if there is any realistic way to keep the child there.

The same is true for a child who has special educational needs or special aptitudes that make a private school a better choice.

On the other hand, usually everyone in a divorcing family has to cut costs.  The money which used to run one household now has to run two.  Giving the kids the same material standard of living as they had before the divorce is a great idea, but for most families it just isn’t possible.

So you’ll have to show the court more than just promises your spouse made when you’re family was in tact.  You need to sit down and do the math so that you can show the court where the money is going to come from.