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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8089
Experience:  Experienced Family Law Attorney
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I went through a divorce in 2002. My ex-husband agreed to pay private school

Customer Question

I went through a divorce in 2002. My ex-husband agreed to pay for catholic private school for our daughter , who was an infant at the time,thru 8th grade. My daughter is now going to enter 9th grade and wants to continue in a catholic private school. My ex-husband refuses to pay. What should I do? It is important to my daughter and I that she continues in a catholic school environment and to continue to learn the catholic faith through education. Is it possible to get my ex-husband to pay?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted. A few more minutes please as I am still researching this.
Expert:  LegalGems replied 1 year ago.
Typically the court does not allow for tuition, other than provisions to allow the child to finish the current school year, as most judges hold the position that public schools are adequate.
Normally the court will only order tuition if the parties stipulate to that agreement. However, if there is a compelling reason the court can take that into consideration.
The statute allows the judge to consider the needs of the child, and the statutory guidelines are only a floor; after considering the needs of the child, and the expenses/income of the parties, if it is affordable the court has discretion to order it, particularly if it would have been an expense permitted if the parties remained married (subsec 3 below).
§ 15-5-16.2 Child support. – (a) In a proceeding for divorce, divorce from bed and board, a miscellaneous petition without the filing of divorce proceedings, or child support, the court shall order either or both parents owing a duty of support to a child to pay an amount based upon a formula and guidelines adopted by an administrative order of the family court. If, after calculating support based upon court established formula and guidelines, the court, in its discretion, finds the order would be inequitable to the child or either parent, the court shall make findings of fact and shall order either or both parents owing a duty of support to pay an amount reasonable or necessary for the child's support after considering all relevant factors including, but not limited to:
(1) The financial resources of the child;
(2) The financial resources of the custodial parent;
(3) The standard of living the child would have enjoyed had the marriage not been dissolved;
(4) The physical and emotional condition of the child and his or her educational needs; and
(5) The financial resources and needs of the non-custodial parent.
Expert:  LegalGems replied 1 year ago.
Cases supporting private school tuition:
https://scholar.google.com/scholar_case?case=11227467101665822003&q=child+support+private+tuition&hl=en&as_sdt=4,40
https://scholar.google.com/scholar_case?case=7882212657695772985&q=child+support+private+tuition&hl=en&as_sdt=4,40
https://scholar.google.com/scholar_case?case=3175431036503885909&q=child+support+private+tuition&hl=en&as_sdt=4,40
https://scholar.google.com/scholar_case?case=14275281354972653384&q=child+support+private+tuition&hl=en&as_sdt=4,40
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