Child Support Change


#1

I cuurently pay support for 1 child via a property settlement agreement. I now have another child b orn this week. I realize I can have it reduced, but the question is this. In calculation of support, my supported son goes to a private school. Would this be considered in the calculation? Please note that even though we have joint custody, I am not allowed to have any information regarding the school from either the mother or the school. The school refuses to allow me in the building and will not give me any information. If this is the case, why should I have to pay this? He has been in private school his entire life and he is now a 11th grader.

The mother currently pays medical on him, but since I now have to change mine to the family plan due to adding my new baby on mine, I can put my supported son on my insurance at no additional cost. This would allow the mother to drop him on her coverage for a large savings to her.

So…question: Will the cost of the school be considered even though I am not allowed contact with the school since his mother informed the school she does not want me contacted? (joint custody with visitation, this is not a “no contact order” or anything like that, no issues there at all) Question 2: Will the court consider me having my son on my insurance for me to bear the cost since I have to pay for family medical anyway and she does not if he is on mine. She has United Health Care and I have BCBS, both equally good and same coverages.


#2

Private school can be included in the child support calculation as an extraordinary expense if the parents agree to its inclusion, or if the court finds that the private school is necessary to serve the child’s best interests. In the case where the child has been at the same school for most of his school career I believe the court would be more likely to make a determination that his staying in his current school is in his best interests.
The issue with the school must be taken up with the administration, and not in court. The court may consider the cost of insurance and make a change to the current order which dictates your wife provide coverage.


#3

I understand regarding the school, but her and my income are about the same, however she has a great deal more assets than I do as far as savings, equity, etc and I have none. I also have two minor step children and she only supports one child and herself. I have a wife and three other to support so I am not in the financial position to pay the added school.

Will this make a difference?


#4

Unless your step-children have been legally adopted by you, then I do not think they are factored into the equation regarding child support and payments to your other child. You new child will be counted into the support calculation if you file to have child support modified.

The school cannot legally withhold information from you unless there is a court order stating otherwise. They are violating federal law…family educational rights and privacy act (FERPA). I would have an attorney or you draft a certified letter to the school requesting the information you desire.


#5

Your stepchildren are not party of the equation, though your other obligations may be relevant if you can show that you will not be able to provide for the child who is the subject of the current support action when he is with you given your current obligations and the cost of private school.