Vicky, I can’t answer this but I am very interested in the answer since I also homeschool. I will tell you what I have been told, albeit not officially. Unless there is a medical reason that you child cannot attend public school, your home school expenses are not something that can be considered (just like on taxes). Neither would the private school as I am told. They are choices that you as the primary parent have made rather than something that is considered necessary. I know that in my case they would not consider it as an extra ordinary expense for my son and he does have special needs. Do you have ANY exchanges (letters, tapes, etc…) between you and your husband that would support that this was something that you both agreed to? Also financially has he had a major change in circumstances since the divorce that would effect his ability to help support your efforts to home school your daughter? Did I read correct, your cs agreement has been in effect since 1999? If so, what is the change for him now or do you know?
I’m not sure if I have anything with him talking about her schooling, we broke up so long ago, and he hasn’t been around her I’ll have to look. She was in the private preschool then. She does walk with crutches and would have to use her wheelchair in school, not to mention missing a lot of school for physical therapy, doctor appointments etc. But we decided her schooling before we even knew she had arthrogryposis.
Yes our support agreement is from 1999.
As far as why he is trying to lower his support, he tried to get it lowered in 2002 and the first thing he said to the judge was I lost my business because of drinking and drugs. Well he didn’t get the decrease, he did start to file 2 more times before this one now, but he never turned in the papers etc. He now makes the same money he put on the worksheet 10 years ago(his tax papers he had back then were only for part of that year and of course with construction there is a lot of money off the books) Him and his old partner once told me they figured it up to be about $55.00 an hour that was 10 years ago! I asked my worker why I couldn’t bring up that I should actually get an increase based on potential income, she just said that it would be hard to prove. I’m not sure when he started this one it was put off once because he didn’t have his papers and them he asked to continue for 2 months, we go back December 9th. Since the last court date he agreed to have more than 40% taken out of his check on his arrears and the regular support She has gotten 3 checks since then and he has seen her and didn’t have a melt down when I told him she couldn’t go to his house, they had to be in public. He was calling her everyday(he isn’t now) and him and his wife seemed fine with me. So they have a lawyer or are moving to some remote island where I’ll never find him. He has hid so many times it isn’t funny, but never out of state. I know he is up to something, I’m just not sure what.
I have a couple of other posts on this site about other questions I have had.
Good luck with your Son and I think we need to change some laws about home schooling and CS.
If there has been “change of circumstances”, then child support can be addressed. For instance, has your income decreased since l999? Has his increased or decreased since l999? That’s a long time!
No. The Court cannot make special provisions for private schooling or home schooling. That would have to be agreed upon in a separation agreement. If you have a separation agreement addressing these issues, then the Court WILL consider it! However, the Court may address extraordinary expenses. The Court usually provides some kind of medical expenses for the child. Without further information, I do not know what to tell you. Probably your best bet is to look at the Child Support Chart and plug in the figures. That should give you some idea what the payments should be. Good luck.
Generally child support is based on the guidelines unless there is an extraordinary expense. I do not know how expensive homeschooling is, if it is a significant expense then you should fight to have it included. Gather all your documentation and share it with you cse caseworker. It will be up to the judge whether he includes this expense or not.
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Good News,we went to court on Tuesday and the Judge didn’t reduce the support. He didn’t have a lawyer, he spoke himself. He did bring his and his wifes tax papers, and his last pay stub. The lawyer for CS saw it ( I haven’t yet)that he had made over $32,000. He was in jail for 2 months and didn’t even work for this employer in Jan. or Feb. I still didn’t get to proved that he does get paid under the table, but I’m happy. I did get a visit from Social Services child protection. I wonder who made THAT call. I’m sure he has quit his job and we go back to his running from child support.
My question is about what I can include as expenses for court, he is trying to reduce CS.
My daughter has been home schooled all but 1 year and private pre-school. She is now in 7th grade. Her Dad and I talked about this before she was even born and decided private or home schooling. My daughter has decided to be home schooled. My CS worker wants the receipts for her tutor, but wouldn’t take the ones for the home school things. I really didn’t ask why,I was just so upset I couldn’t think and I’ve but that poor woman and her boss and her boss also through–well a lot. Anyway I kinda got a hint from someone to put my daughter back into private school. Does this mean they won’t take her home schooling as an expense? I filed it as a Christian school if that makes a difference?
She doesn’t want to go to any school, but is willing to try it for awhile and its over $8,000 a year so he would end up paying 3 times the amount he wants to pay now. We do have a 1999 support agreement but it doesn’t mention anything but how much support he pays and that she is not insurable.
Thanks for any help,