Can I get my ex husband to pay for private schooling? 15 Answers as of June 23, 2015

My husband pays child support and we have had the same payment plan for 3 years. However next year my daughter will go to high school and I want her to go to a private school that will cost $20,000 year. I do know that my husband will be financially able to provide part of the tuition for my daughter but what if he does not agree to her going to a private school? I have sole custody and make all the decisions about raising my child, including education.

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
It is doubtful that a court would order him to pay for private school unless there is a history of it in the family or he has unusually high earnings and there is a clear need for the child that can't be met at the public high school. In WA it is doubtful that you have sole custody, since we don't have custody as such. Even if you have sole decision making, a court is unlikely to saddle him with this kind of expense if he disagrees. If the school is a parochial school and the father objects, then the court may not order it because it becomes a 1st amendment issue.
Answer Applies to: Washington
Replied: 6/23/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Negotiate and, if necessary, litigate the issue in advance. Be prepared to provide objective evidence to persuasively support your claim; mere speculation and preference is not enough.
Answer Applies to: California
Replied: 6/23/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Have you asked your ex to contribute? This is surely the most economical way to achieve your goal for your daughte. If he does not agree, and there is no mention of the subject in your MSA or divorce decree, it is unlikely that a judge will order him to payeven though it may be a very good idea. If you wanted to try this high hill, you would have to prove that her enrollment in the school is very much necessary and in her best interestwhich would mean an investment in expert witnesses, testimony from the proposed school and present school, and no doubt a lot more. And that would just be to give you a fighting chancenot more.
Answer Applies to: Wisconsin
Replied: 6/23/2015
Walpole Law | Robert J. Walpole
As sole custodian, since it would be your choice, absent an agreement from the father, it would be your responsibility to pay for private school tuition. This is my opinion based upon my interpretation of Oklahoma law. Your state's law might be different.
Answer Applies to: Oklahoma
Replied: 6/23/2015
Law Office of John G. Galasso | John George Galasso
No, unless it ws court ordered in the divorce decree; it is unlikely unless he agrees to do it.
Answer Applies to: Ohio
Replied: 6/23/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If your ex husband is currently paying equivalent to guideline support, it is unlikely that the court would order that he pay additional for private school. However, if you wish to enroll her in private school and pay that cost, it seems appropriate.
    Answer Applies to: California
    Replied: 6/23/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    The best way to approach it is to discuss it with him and see if you can come to an agreement. If not, you will have to Request an Order to Modify the child support.
    Answer Applies to: California
    Replied: 6/23/2015
    John Russo | John Russo
    If you live in RI the answer is NO, unless you agreed in advance in your MSA, private school is a choice not a necessity.
    Answer Applies to: Rhode Island
    Replied: 6/23/2015
    Diane l. Berger | Diane L. Berger
    Generally speaking if you want your child to go to private school it would be at your cost. You would need to show a change in circumstance where the passage of time would not be enough.
    Answer Applies to: Nebraska
    Replied: 6/23/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    It depends on how your divorce decree is written. Just because the divorce decree states that you have final say over education doesn't necessarily mean you can obligate your ex to pay private school tuition. You need to take your divorce decree to a family law attorney for a discussion regarding your options given the facts of your case and the applicable law.
    Answer Applies to: Georgia
    Replied: 6/23/2015
    Attorney at Law | Aimee C. Robbins
    If the court orders he pay the tuition your child support may be affected.
    Answer Applies to: Maryland
    Replied: 6/23/2015
    Law Offices of Lauren H. Kane | Lauren H. Kane
    If you do not have sole legal custody but rather shared legal custody you cannot make a decision regarding the education of your child without the input and agreement of the other parent. Otherwise, you will need to go to court to litigate this issue.
    Answer Applies to: Pennsylvania
    Replied: 6/23/2015
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    Generally, unless she has some special needs or talent that only a private education can address, the court will not require private education to be paid for unless the paying party agrees to it. Best wishes!
    Answer Applies to: Nebraska
    Replied: 6/23/2015
    Law Office of Rebekah Sass
    Law Office of Rebekah Sass | Rebekah Sass
    I think it is reasonable to assume that you would pay tuition out of the child support.
    Answer Applies to: California
    Replied: 6/23/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    If you can get him to agree that would be great. If this was set out in the divorce agreement then he would need to share the cost, if not you might want to discuss it with your attorney.
    Answer Applies to: New York
    Replied: 6/23/2015
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