Will I Be Forced To Pay For My Child To Attend Private School?
If your co-parent wants to enroll your child in private school and you do not agree, it’s natural to wonder whether a court will order you to contribute financially. In many cases, the answer depends on several factors, including existing support agreements, your financial situation, and whether the court believes private education is in the child’s best interest.
To learn how this issue might apply to your financial arrangements, speak with our Chicago, IL support modification lawyer. We can review your case, help you understand your options, and support you in finding a resolution that works for you and your child.
How Courts Approach Private School Expenses
In Illinois, child support is typically calculated using statutory guidelines. However, courts can deviate from those guidelines when additional expenses are involved—such as private school tuition.
Judges will consider whether private school was part of the child’s life before the divorce, each parent’s ability to contribute, and the educational needs of the child. If your child has always attended private school, or there are academic or religious reasons that support continuing private education, the court may be more inclined to approve the expense as reasonable.
On the other hand, if private school is a new consideration or the cost creates a financial hardship for one parent, the court may be less likely to mandate payment. It’s also possible that the court could order one parent to pay more than the other, based on income and ability to contribute.
Existing Agreements Matter
If you and your co-parent signed a marital settlement agreement or parenting plan that mentions private school tuition, that document could carry significant weight. Courts often uphold agreements made in good faith, especially when both parties had legal counsel.
However, changes in financial circumstances or disagreements about the necessity of private school can still open the door to a modification request.
If no such agreement exists, the court will have to determine whether private school tuition is a necessary and reasonable expense under the child support framework. Courts are not likely to impose significant costs on a parent who strongly objects, especially if quality public education is readily available and suitable for the child.
Considering Your Financial Situation
One of the most important questions the court will consider is whether you can afford the cost. Even if your co-parent believes private school is essential, you won’t be expected to contribute beyond your means. The court will examine income, expenses, and existing support obligations before making a decision. That said, if you have the financial ability and your child’s educational needs support private schooling, the court may determine that you should contribute.
Disagreements About Education
Educational decisions can be a major source of tension between co-parents. If you share joint legal custody, decisions about schooling are meant to be made together. When there is a disagreement, either parent can petition the court to resolve the issue. Courts will focus on what serves the child’s best interest, not necessarily what either parent prefers.
Talk To A Lawyer Before You Act
Disagreements over private school can quickly turn into formal modification requests or lead to drawn-out court proceedings. If you’re facing pressure to contribute to private school tuition and want to understand your rights, working with an experienced lawyer is a smart step forward. Our attorneys at Merel Family Law can attest to how common these disputes are and how important it is to approach them with clear guidance.
Get In Touch Today
If you’re unsure whether you’ll be required to contribute to private school tuition, we’re here to help. Contact us to schedule a consultation and get the information you need to make an informed decision about your next steps.
