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
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.