I have hit a wall regarding our son's high school. I was okay with him attending the local public school. However, when he received a huge financial aid package, I was open to sending him to private school. His father was suppose to find a job before the monthly payments were due. He hasn't worked in six years. Still no job. I agreed to pay my portion up front to the school and he signed that he will pay monthly. I want to have something in writing that he is financially responsible for his portion during the next four years, including books and school athletic costs. He has also missed a few child support payments; I assume it is to save and pay for the upcoming payment. Can the courts help me in this situation? If so, how do I go about getting this in writing.
You should consult a local divorce attorney regarding private school tuition and costs. typically courts do not force parents to pay for private school unless they agree to it. It is unclear here whether there is an agreement or not. It sounds to me like you are being very hopeful about the situation and yet he does not sound really on board. If he really agreed he would actually be working to pay for his half of the agreement for the tuition and the rest. Instead he is taking away from your child support to pay the tuition. That makes no sense and is probably what will continue to happen. You really must be realistic here. How can a guy who is not working and behind on his child support going to ever pay for private school, books and athletic fees. You want the best for your child but the best is not always what the parents can afford. If your parenting agreement does not include private school and your ex does not fully agree by showing he can really pay for the cost you should be prepared that you may have to foot the bill for all four years. Please consult a local CA attorney before you do anything.
Guy Claude Parvex JrFamily Law AttorneyOxnard, CA ·
Preliminarily, it is not clear whether you son is enrolled in the private school. If so, did both you and his father sign the contract with the school? If so, you are both probably jointly liable for the uncovered portion of the tuition, etc. (at least to the school.).
If your son is not enrolled, then why would you agree to enroll him if his father is already behind in child support? Family Code section 4011 expressly states that "Payment of child support ordered by the court shall be paid by the person owing the support payment before payment of anydebts owed to creditors."
The father cannot force you to pay for private school. However, as stated above, if you sign a contract with the school, you are probably going to be liable for the full payment because the school is not bound by any agreements between you and your ex or court order regarding child support.
You and the father can probably agree to court orders that each of you will pay one-half of the uncovered cost of the private school and you can mutually decide whether or not this expense may be used to adjust child support. The court may approve your agreement, however, you would still have the problems of enforcing the agreement should the father fail to make the payments. (If the amount of support differs from the Guideline, you would have to state why and whether the child's needs are met.)
I will point out, however, that Family Code section 4062 (b)(1) permits a court to deviate from the Guideline amount to account for "Costs related to the education or special needs of the child." I have not seen this applied but if either of you can show that the private school is necessary for your child (as opposed to public school), then perhaps the court may consider the private school as additional child support. This could mean, if you wanted him to attend, that the father would pay you more child support, or if he wanted him to attend, that you would receive less child support. As I said, I have not seen this applied and given most court's reluctance to deviate from the Guideline I think both parents would have a difficut time convincing the Judge that support should be modified to take into consideration the cost of private school absent an agreement by both parents.
I suggest you consult with a local attorney if you want to pursue this matter because any agreement between you and the father should be carefully considered.
Good luck.
