Child support recalculation, private school tuitio

North Carolina Divorce Law Divorce and Separation Answers
1

Dear sarah m:

Greetings. Generally parents divide the costs of private school tuition if that is in the best interests of the child and both parties can afford it. I would assume that since your child has attended private school up to this point in time, that she would continue to attend and he would need to pay.

Now, you can always file a claim for child support and have it calculated based on the NC Child Support Guidelines and ask the judge to include private school expenses as an “extraordinary expense” on the calculator.

No, he cannot refuse to pay for the increase in child support if you file with the NC Child Support Enforcement Agency. Otherwise, sure he can refuse until he is ordered by the court or unless your separation agreement says otherwise. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

My ex-husband has contacted me(the last time we calculated child support was when my child was 31/2 months old she is 12 1/2 now) requesting that we refigure child support. I have used your child support calculator to recalculate the support. I have had my child enrolled in private school since kindergarten and now she is is 7th grade. My ex-husband has not paid for any part of this education. My question is, is he responsible for 1/2 of the tuition. He is claiming that because the child support is not going to be lowered he 1) is not going to pay any more and 2)that he does not have to pay for private school tuition or any other extraordinary expenses. I was not asking for any recovery of tuition from previous years. However, I had done some research and it looks like a case in your website with the appelate court requires both parents to pay 1/2 of private school tuition without proving the need for private schooling.

My questions are:

  1. Are both parents responsible for 1/2 of private school tuition.
  2. Can he refuse to pay for the increase in child support.

Thank you for your assistance