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Private School/Extending CS

fireweed's picture
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Run-Down:

BM took DH to Court in August 08 for increase in CS (it was time and she received a minimal increase) and an attempt to halt his visitation (based on the fact that she thought his family was a bad influence on DSD's).

She lost the visitation plea across the board, and in fact the Court altered her SLC to JLC.

FFwd to today.

BM is now asking (not filing, and I assume that makes a difference) for DH to pay 1/2 of private school and to extend CS until age 21.

First, we live in GA so the extending CS until age 21 cannot even be a serious request (or at least one that doesn't worry me).....neither of the children are Special Needs and GA dictates that CS stops at age 18 or graduation, whichever comes last (but not past age 20).

Now, the Private School.

DSD's are 8 and 11 and have been attending Public School their entire lives (they were 1 and 4 when DH and BM divorced). To be honest, DH and BM don't have the incomes to send 2 children to Private School.

I have always heard that unless the child was going to Private School during the divorce (and even that's iffy), that a Court will never make a NCP start paying for Private School for no 'good' reason when a Public School is available.

For example, in our own town a Father whose son was going to Private School for 6 years pre-Divorce was not ordered to pay half of Private because Judge deemed it to be a 'luxury'.

Anyone know anything about this?

smurfy1smile's picture

I don't think a court will make DH pay for private school. Those costs are a part of CS. If the one parent wants the kids to go to private school they should pay for it. As far as paying until 21, go by the law in your state and don't give it a second thought.

Hanny's picture

My BF does not pay for private school which both of his girls attended before the divorce. Just CS and if BM decides she wants to spend that money on private school, so be it. I'm sure the private school extras will not be approved, especially since they've never attended private before. BM keeps telling BF that 'i know you think your contributing, but your only paying for school'. And he just reminds her that it is her choice to send them, he's never been for it, even when they were together. They had to practically beg, borrow and steal each year to keep up with it. Only 1 in school now, and it costs $950 a month and she's pulling a couple of F's right now. There no way in hell I would keep paying that if my child was not putting it to good use, and is flunking.