Child Support and Private Educational Costs
This focus on education does not dissipate simply because a marriage ends. The need for a quality education remains a priority. Unfortunately, the costs of divorce and the death of the community income may cause some parents to question the practicality of exorbitant tuition costs.
In families where one party generates the majority of the income, this analysis becomes even more complicated. If you are the high earner, does California law require you to cover some of (or all of) the costs of private school tuition? If you are the low earner or non-earner, does California law allow you to rely on the other party's higher income to support the costs of private school tuition?And even in situations where each party's income is relatively similar, does California law impose some kind of equal division of such costs?Private education as a discretionary "add-on"The California Family Code sets forth a mandatory formula for child support that theoretically takes into account each parent's "circumstances and station in life" and "ability to pay" child support. This formula, however, does not include "special" and unique child-care expenses a particular family may encounter. In order to provide for these additional expenses, the Family Code has created two types of child support "add-ons"--one entitled "mandatory" and one entitled "discretionary.
"Educational costs for a child are deemed discretionary rather than mandatory. This means that a particular judge has the discretion, or the freedom of choice, to determine whether or not she considers the proposed cost to be appropriate as an additional expense to a parent. This requires a party's counsel to make a convincing argument that the private school tuition should, or should not, be paid.
A legal argument for or against such an add-on should address several issues, including, but not limited to, the following: 1. Specific Needs of the Child: Does the child have a special physical or mental disability that is most appropriately addressed at a private institution? If a child has documented and undisputed special needs, a court is very likely to order that they be met. 2. Length of Attendance: How long has the child been attending the school? A court is more likely to order that private school tuition continue if the child has been there for several years and is at a critical stage of development in which removal from the school would be against his or her best interests. 3. Alternatives: Where would the child attend school if he or she did not attend the private institution? What is the reputation of the local public school? Is the neighborhood in which the public school is located safe? 4. Ability to Pay: What is the financial situation of the parties? Can each parent, or one high-earning parent, pay the tuition and still continue to pay for mandated child support and other expenses he or she may have? This factor must always be taken into consideration, regardless of how compelling any other factors may seem. This is because, as a practical matter, many families cannot afford to maintain the lifestyle they lived during the marriage. As a result, nonessential expenses, like private education, must be eliminated.
Allocation of private educational costsIf your counsel is successful in persuading the court to order an add-on for private educational expenses, then the court must also determine how that add-on will be allocated between the parents. If no specific allocation is requested in one's moving papers to the court, the tuition will likely be divided "one-half to each parent." If you believe an alternative allocation is merited, documentation should be presented to corroborate such a belief. One common alternative to the equal division of such add-on expenses is an allocation corresponding to each party's respective income. In this calculation, the court looks to the net disposable incomes of each party, after they are adjusted by counsel to include any spousal support and mandated child support that has already been ordered paid. The court then examines these adjusted incomes, and determines what portion of the add-on would be appropriate for the higher earner to provide. One must exercise caution in advocating this alternative allocation to the court, since a judge may order the standard equal allocation of the add-on if the adjusted net disposable incomes of the parties fail to show a true disparity between the two incomes.
Source: Free Articles from ArticlesFactory.com
Related Tags: child, costs, support, and, educational, private
Kayla Boucherc/o Law Offices of Donald P. Schweitzer201 South Lake AvenueSuite 700Pasadena, California, 91101626-683-8113http://www.PasadenaLawOffice.com Your Article Search Directory : Find in Articles
Recent articles in this category:
- How to Hire a Personal Injury Attorney Toronto
There is no question that suffering from a personal injury is an incredibly difficult thing to have - Finding the Best Personal Injury Lawyer
Should you be the victim of an accident that just simply was not your fault and you have received an - DUI Perpetrators Must Seek Expert Help
It is obvious, as we progress further into the future, that behavior that puts others at risk is not - To Find the Best New York Attorney Buffalo is Still the Best Choice
If you need an attorney in New York, you would surely have a lot of options. New York has 10 cities - If You Need a Great Wisconsin Attorney Madison is the Way to Go
Are you in need of a great Wisconsin attorney? If you are from Wisconsin and need a great attorney M - What Is The Importance Of An LLP Agreement
An LLP agreement is an important contract, since without such a document the Limited Liability Partn - Personal Injury Lawyers - Get Help at Your Doorstep When Injured
As soon as you are involved in an accident, it is usually quite common for you to be injured maybe i - Personal Injury Lawyers - Knowing If You Are Entitled For a Claim
No doubts accidents do take place; however that does not mean that you should take up the liabilitie - Personal Injury Lawyers - Claiming Compensation For Your Injuries Some Tips
When you are injured, the next thing is you should know what legal rights you have; this will provid - Personal Injury Lawyers Help Victims of Car Accident Claim Financial Damages
People living in Toronto go to work through different modes of transports like trains, buses and car
Most viewed articles in this category:
- Mesothelioma Lawyer - Asbestos Attorney - Mesothelioma Lawsuits & Lung Cancer Information
Mesothelioma is one of the most tragic diseases ever to strike the working man. Due to decades of m - Michigan Personal Injury Lawyer Courts
The Michigan Courts were created by the Constitution of 1963, Article VI, and Section 1, under which - What is Entrapment?
Question: What is entrapment?Criminal Defense Lawyer: Entrapment is a defense raised by a defendan - Top 10 Tips On How To Win Your Road Traffic Accident Case
If you happen to be pursuing this thing right now then here are the top ten tips on how to win your - Agency Law
Agency Law The origins of the doctrine of necessitous intervention by someone who is in a legal rel - Procedure Of DWI In U.S.A.
ALR (Administrative License Revocation) A Program to suspend the driving license Of Drivers Which a - Mesothelioma Lawsuits Surging in United States
Mesothelioma is a cancerous disease where malignant cells develop in the lining of the chest or the - Forensic DNA Testing
Forensics is defined as the study of evidence found at a crime scene and used in a court of law. For - Arizona Drunk Driving Law, Az Drunk Driving Law & Arizona Drunk Driving Charges
Arizona drunk driving is one of the most common and deadly mistakes in Arizona while driving. Defens - Worried About the Fair Debt Collection Practices Act?
Do you work for a financial institution that collects debts? If so, do you know whether the Fair De