who pays tuition during college?

Who Pays Private School Tuition After an Auburn Divorce?

After a divorce, each parent has a duty to provide for their child financially, irrespective of the fact that the parents are no longer married, or the child may not reside with the parent on a full-time basis. Various factors influence the amount of child support. The state of Alabama has specific guidelines for calculating the child support obligations of each parent.

In Auburn, Alabama, child support obligations may include extraordinary expenses along with the base support amount, including funds for private school tuition.

Private School Tuition for Your Minor Child during an Auburn Divorce

Whether a parent needs to pay for private school tuition is decided by the court on an individual case basis. However, there are some broad considerations that the court makes prior to ordering one parent to pay for private school tuition.

Generally speaking, the courts will not “get in the way” of a party’s decision to pay for private school tuition. If the parties are in agreement, they can submit their written agreement to the court for the judge to sign. After the judge signs the agreement, it becomes an enforceable order.

What Happens When One Parent Does Not agree to Pay?

If one party does not agree to pay private school tuition, the Auburn family law court will review the basic monthly child support obligation guidelines as a preliminary consideration. Upon establishing basic child support, the court can address a parent’s request for private school tuition fee payment as a discretionary child support add-on and will assess whether the supporting parent can afford such tuition payment, apart from the total child support obligation.

The court will assess the specificities of your case once the guideline-based child support amount is determined. For instance, the court may ask a party to pay private school tuition if a minor child is in her senior year of private high school and the judge is satisfied that there are adequate funds to pay the tuition after making basic monthly child support payments.

Conversely, the Auburn court may not order private school tuition payment if a parent cannot afford it, or the court establishes that it is not in the best interest of the child to attend private school.

During a divorce, it is not unusual for the marital standard of living to drop for the parties and their children. Once the parties establish individual residences and formal support is set, the parties may have to adjust to a new monetary dynamic that may not include the financial capability to bear private school tuition.

Is Private School a Necessity or Luxury in Auburn, AL?

Most parents want the best for their kids, and courts don’t typically disrupt the lifestyle that they are used to. However, divorcing parties must consider practical aspects when asking the court to make the other parent pay for private school tuition.

If the children are already attending private school, the court may decide to keep them in that school. The court does not approve of disrupting the children’s life further when they are already trying to adapt to the new situation.

But if the child is not yet old enough to attend school or is presently enrolled in public school, the court may be less interested in forcing one party to provide for private school tuition. This primarily depends on the circumstances of the marriage, if their other kids go to private school, if they had plans to send the child to private school, and their financial condition.

The Child’s Best Interests

Irrespective of other factors, the best interest of the child will be the primary factor influencing a decision on private school tuition. If one parent does not want to pay private school tuition to prevent the other parent from accessing their money, the court will likely not allow that if it would be detrimental to the child. On the other hand, if the child is content in public school and one party is pushing for a private school to hurt the other party financially, the court is unlikely to allow that either.

Agreement by Both Parties

In an ideal scenario, this situation will be resolved without court intervention. You lose control over the process when you leave such decision up to the judge. Even if both parties are not happy with the court’s ultimate decision, they will still have to abide by it. Upon compromising out of court, you retain at least a certain level of control over the outcome.

For such negotiations, you need an experienced Auburn, Al divorce lawyer with the skills to bring these discussions to a conclusion. If it is vital to you that your child goes to private school, you may have to compromise to arrive at a place where the other parent will pay for it.

This might involve foregoing certain assets, taking on more loans, or agreeing to reduce spousal support. Making these sacrifices is certainly not enjoyable to anyone. However, if a matter is important to you, it might be the only means to get what you want.

Hire an Experienced High Net Worth Divorce Attorney in Auburn, AL

If you are involved in divorce proceedings, it is never too late to consult a high asset divorce lawyer at Alsobrook Law Group and determine your options. Whether you believe you are being coaxed to pay high private school fees or you are up against a spouse who does not want to pay their share, we understand what it takes to pursue the most effective legal solution. For a free, no-obligation consultation with a dedicated divorce attorney, call today at (334) 737-3718.