Will Family Court Order Parents to Pay Private School For Their Children?
The threshold determination is whether private school is in the best interest of the child. Assuming it is, the court will examine whether the parents are reasonably able to afford the cost of tuition.
The first factor the court will examine is whether the children were enrolled in private school before the divorce. The status quo and maintaining the consistency for children after divorce is usually in their best interest. The authority is clear that a major factor in whether or not to continue children in private schooling after divorce is whether or not they attended private school before divorce. In a Florida case, the court found that private school education should be awarded where the parties had the ability to pay, the expense was consistent with the customary standard of living and the education is in the children’s best interest. Where both children had attended school their entire lives, it is int heir best interest to continue.
Next, where the parents are able to afford private school tuition and it was consistent with the parties’ lifestyle, it should be ordered opined a Louisiana court. NRS 125B.080 gives the court the authority to order one or both of the parents to pay for their children’s private school education. Once the court determines whether or not private school education is in the children’s best interest, the issue then becomes how the expenses should be paid.
The Las Vegas family law lawyers at Pecos Law Group have extensive experience in family law issues such as child support.