Divorce info about private schools and who pays tuition: I want my child to got to private school. Can the court force my husband to pay the tuition?

Divorce info, private school education, tuition
When it comes to private school education, it is difficult to get the court to order a parent to pay private school tuition. The idea is that there are obviously many public schools and all of them are free, and there is no “presumption” that the public school education is inferior to the private school education, no matter what your personal feeling on the subject is.
That being said, the courts will generally look to certain issues such as whether the child was in private school at the time the commencement of the divorce action. The court will also look at incomes of both parents. IF the child grew up in an affluent household, it might be more likely that private school education would be justifiable. The court looks to the educational background of the parents too. If this is a family with a long line of private school attendees, then the argument that the child should go to private school (and the parent should pay for it) may be stronger.
The costs may be deducted out of the child support payments but this is not mandatory. The payment of private school tuition may be considered an “add on” which the Child Support Standard Act allows.

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