Who is responsible for children’s private school tuition?

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A recent New York Supreme Court case, held that the court may direct a party “to pay educational expenses where appropriate and as justice requires given child’s best interests and circumstances of the case.”

In this case, Kristina P. v. Joseph Q., the parties’ agreements and judgment of divorce were silent regarding the responsibility for their children’s educational expenses.  Over three years after the parties’ divorce, the wife, Kristina P asked her former spouse for his consent to enroll their son in a private Catholic School.  The husband, Joseph Q. agreed to the enrollment, but conditioned his agreement on the fact that the Kristina take full responsibility for the payment of tuition.  The parties memorialized this agreement in writing and had it notarized.

After the child completed his first year at the private school, the mother commenced the action against her former spouse, seeking to have him pay his pro rata share of their child’s educational expenses.  A Support Magistrate determined that the father was obligated to pay 71% of the child’s private school tuition.  The supreme court affirmed the Support Magistrate’s decision.

The Court held that the record in this case supported that the child’s transfer from public school to the private school was in his best interest, as the child suffered from a variety of health issues including Attention Deficit Hyperactivity Disorder (ADHD) and an auditory processing disorder which impacted his abilities to succeed in his public school.  Since enrolling in the private school, the child’s emotional state improved significantly,  he was performing better academically, and was much more social than he had been during his enrollment in public school.  Additionally, after a full year at the private school, the child’s anxiety medication has been decreased, and it is expected to continue to decrease.  Thus, the court found that the transfer from public schooling to private schooling was in the child’s best interest.

Both parties in the matter are professionals, and the record reflects that the father has he “financial resources to contribute towards the child’s tuition without impairing his ability to support himself and maintain his household.  In addition, the father testified to the fact that he, himself attended parochial elementary, middle, and high schools throughout his childhood.

The court held that considering all of the above-mentioned circumstances, there was a “sound and substantial basis for the award of educational expenses.”

If you are having a legal issue in the field of family or matrimony law and want to speak to a trusted and experienced Long Island divorce and family attorney to discuss your options, please contact the Law Office of Jay D. Raxenberg.

 

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