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Yes, you can file a petition for the modification of your custody agreement and ask that the court to make him pay for private school.
The court may or may not grant your petition depending on if they feel that it is in the best interest of the children and whether he can afford it.
You wouldn't have to prove anything. If the court feels it is in the best interest of the children and if your ex cannot show he cannot support this, then the court will grant it.
Private school is a luxury though, not a necessity, so it is not as easy as asking for health insurance, medical bills, etc.
But if the girls are having behavioral issues, or if there is another compelling reason for the private school, this would help the judge make the decision.
He can be made to pay up to 75% of his salary in child support.
This is a pretty high amount, but that is the maximum allowed under the law.
If he can show the court that private school would be a hardship, the court will deny your request.
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