Do Child Support Payments In Florida Cover Private School Tuition?
If you have a pending Florida divorce, you are likely asking yourself a million and one questions. One of the questions you are likely asking yourself if you have a child is whether Florida child support payments cover private school tuition. So, do child support payments in Florida cover private school tuition? Read on to find out.
Can a Parent Be Asked To Pay For Private School After a Florida Divorce?
In Florida, there is no law that states a parent can or cannot be asked to pay for private school tuition after a divorce. Florida has guidelines that help the courts make decisions about child support payments. In some situations, a parent can be required to pay for a private school after their divorce. Usually, this happens if three factors are met.
First, for the court to order a parent to pay for a private school after a divorce, it must be demonstrated that the parent has the ability and means to pay for a private school. Secondly, it must be shown that private school attendance is in the child’s best interest. Lastly, it must be demonstrated that attending a private school is within the child’s and family’s customary standard of living.
Note: Sometimes, courts also consider whether parents had agreed that their child should attend a private school indefinitely or up to a certain age when deciding whether to order a parent to pay for a private school after a divorce.
Proving Private School Is in a Child’s Best Interest
As the parent who feels the other parent should pay for private school for your child, you may be wondering how you can prove that attending a private school is in your child’s best interest. First, you can prove that private school attendance is in your child’s best interest by showing that the school offers a superior education. You can also prove that attending a private school is in your child’s best interest if your child has been going to a private school where they have made friends with their classmates and schoolmates. Florida courts understand the importance of educational continuity and how difficult it can be for a child to start over in a new school, especially after witnessing their parents get divorced.
Legal Defenses a Parent Can Use
As mentioned, there are three main factors that need to be established before the court can order a parent to pay for a private school after a divorce. Therefore, all three factors can be used as legal defenses. A Florida court cannot order you to pay for a private school if you cannot afford to make the payments. Also, the court cannot order a parent to pay private school tuition if private school attendance is not in the child’s best interest or within the child’s and family’s customary standard of living.
Speak to an Orlando Child Support Lawyer
If you have a pending Florida divorce and are concerned about parental obligations to pay for a private school, the experienced Orlando child support attorneys at the Arwani Law Firm can advise you on your legal rights. Call us at 407-254-0060 to discuss your case.