The question of a child’s private education costs are usually rooted in concerns regarding child support. Will the court order your former spouse to split or pay for the private education you intend for your child(ren)?
Generally speaking our Courts consider a private education to be discretionary from the perspective of a divorce settlement. There are many circumstances that the Court must consider however, and a strong argument can be made based upon the “Status Quo” and the lifestyle (and quality of education) the children have enjoyed to this point in time.
The Court will always have the best interests of your children at heart. The continuation of attending a private school that a child has already attended for some time (and that both parents contributed to equally) is one factor that will weigh heavily on the side of continuing a private education.
The Court will also look at the quality of non-private schools, the neighborhood the new school would be located in, the lifestyle associated with a previous private education experience and factors such as special needs.
Finally, the Judge will look at the ability of both parties financially with respect to their ability to afford their child’s private education costs in addition to two separate households.
A parent’s commitment to education is admirable, and the education we provide for our children is one of the greatest gifts we can offer in preparation for their adult life. California family law considers a private education to be a discretionary expense, and yet based on the totality of the circumstances it may very well fall into the realm of what the Court perceives to be in the best interests of your child.
The experience and expertise of your attorney will play a significant role in the outcome of the question of how your child’s private education costs will be borne during and after your divorce. We invite you to contact Burke & Domercq or call us at 760-389-3927 to learn more or schedule an appointment.