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Who pays for school tuition after divorce?

Going through a divorce with kids of a school age can be extremely tough. You will want to ensure that their lives remain as normal and as stable as possible through the whole transition. So one of the first priorities is to ensure that their school life goes uninterrupted. If your children are enrolled at a private school, then the question naturally arises as to which spouse will take on the burden of the private school tuition fees going forward.

This blog will offer a brief overview into what the law says about divorcing parents and child support in relation to private school tuition fees.

What the law says

In some situations, when determining the child support terms in court, the judge will order the parent that is paying child support to also cover the private tuition fees. However, this will only occur under specific circumstances. This may be in the case of the child or children being used to attend private school. Their lives should not alter or change in a way that will negatively affect the child after the divorce proceedings. This case may also be if they are not already enrolled in private school, but one or both parents can afford to pay for their private school tuition. The child has a right to live at the same standard as their parents.

The judge will always discuss with both parents about what the choices for the child may be. All decisions are sought to be made in the best interests of the child.

Source: Findlaw, "Child support for tuition," accessed Aug. 25, 2017

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