Can I force my husband to pay for private school tuition?

Okay. The deal with private schools is that generally the courts do not order a parent to pay for private school unless you can show that the child’s needs, interests and preferences calls for a private school education. The Courts will also consider cost and whether a parent’s financial circumstances can accommodate these costs. The court considers the educational background of the parents as well, and whether the child was in private school prior to commencement of the divorce action. The idea is that there are public schools which are free. A child has a constitutional right to a free public education, but no right to a private education. That is a privilege. Before a parent is ordered to pay for this privilege it must be determined that the parent can afford it. It must also be determined that the child has “unique or special academic needs or interests.”