Understanding Financial Obligations for Private School After Divorce in New Jersey

Our Team of NJ Attorneys Provides Legal Guidance on Private School Tuition Payment Responsibilities and Disputes

People divorce for many reasons, but one primary reason is disagreements about children. During marriage and after divorce, parents may agree they want a good education for their children, but what that means to each may differ significantly. One may insist that private school academics are superior to public school, while the other thinks public school resources are more critical.  

Making Child-Centered Education Choices During Divorce

Educational decisions for divorcing parents are difficult as there are so many considerations. What is best for the child is a matter of assessing the child’s needs, strengths, abilities, and character traits. Considerations like the sports or arts programs a school offers, the rigor of its academics, reputation, size, location, and cost affect the decision. One parent may be more interested in developing a child’s talents, while the other may want the child to go to a prestigious college eventually. 

In a divorce, each parent may insist they know what’s best for their child, but a New Jersey family law judge will decide all matters concerning children based on legal criteria of what is in their best interests, including where the child goes to school if the parties cannot agree. 

The Complex Equation Behind Court-Ordered Private Schooling

Family law courts consider various economic, emotional, educational, familial, and religious factors in deciding whether a child should attend private school. These factors include a child’s academic achievement history, available school resources for special needs children, each parent’s financial capabilities, whether siblings attend private school, the child’s religious upbringing, and the quality of nearby public schools.

Common Criteria Courts Use to Decide on Private Schooling for Kids

Child’s Needs and Abilities: A court considers the child’s best interests when deciding whether to send a child to a private school. For example, a child who needs to be academically challenged, learns better in smaller classrooms, has strong religious ties, or thrives socially in smaller schools may be more likely to succeed in a private school.

Parental Agreement: Of course, when both parents agree or have previously agreed to private school, the decision may shift from whether the child should attend to who should pay for it. 

Financial Resources: The question of private school may depend on each parent’s financial capacity. Whether both parents can afford private school tuition may influence a court’s decision, even when one parent does not want to send their child to private school.

School’s Quality: The academics and reputation of the desired private school may also sway a court. A private school with a reputation for high academic quality may influence the judge’s decision when the child in question is a high-achieving student.

Religious and Moral Considerations: Family religious practices and traditions influence the decision, too. Often, parents want their children’s education to include religious teaching and practices in furtherance of their own family traditions and for moral reasons.

Child’s Preference: Finally, the child’s preference for private school may affect the decision. A child who attended private school before may feel more comfortable there, especially if their friends or siblings attended the school.

Justifying Private School Costs Through Individualized Care

Ultimately, a judge can order one or both parents to help pay for private school when it is in the child’s best interests, both parents can afford it, private school education has been a part of the family, and when well-founded reasons exist for it, such a child’s special needs. More individualized attention and special education may compel a judge to order parents to pay for private school. Another reason may be bullying in public schools. A child suffering emotional distress from bullies may feel safer in a private school with a smaller teacher-to-student ratio and stricter rules about bullying. The child’s emotional needs may justify private school contributions from one or both parents.

Financial Factors in NJ Private School Tuition Disagreements

When determining how much each parent contributes to private school tuition, a court accounts for each parent’s income, assets, and expenses. The amount of child support and alimony one parent pays is also considered in the equation of each parent’s financial capability. New Jersey’s child support guidelines already consider parental income, expenses, and tax deductions. Private schools are an additional expense not regarded as necessary to maintain children, so a judge must consider what is feasible given priorities like child support and alimony.

When Circumstances Shift, Court Orders Can Too for Tuition Costs

Just like a change of circumstances can warrant a change in child support or alimony, job loss, illness, promotions, incarceration, and tuition increases may support a modification to a private school tuition order.

Finding Solutions to Private School Tuition Challenges with Expert New Jersey Family Law Advice

Since there is no hard and fast rule about private school tuition orders, it is best to consult a family law attorney to help you negotiate an agreement about educational expenses. At Montanari Law Group, our seasoned family lawyers can lend our experience in creating solutions and compromises to broker agreements between parties who have good intentions for their children’s education but cannot see a way to make it work financially or otherwise. If a negotiated agreement is not possible, our family law attorneys are prepared to argue your position for or against private school education costs to a judge. Knowing what a judge is looking for when examining all the factors, we can emphasize the benefits of private or public school, depending on what is in your child’s best interests. 

Additionally, our team of child support lawyers can help you modify a private school tuition order when your circumstances change sufficiently to justify decreasing your contribution, increasing the other party’s contribution, or eliminating the order entirely. We assist parents on both sides of public school vs. private school tuition matters involving child support in Verona, Montvale, Millburn, South Orange, Summit, Montclair, Short Hills, Ridgewood, Wyckoff, Franklin Lakes, Wayne, and across Northern New Jersey.  Find out what a family law attorney at our firm can do to help you resolve private school tuition divorce or post-divorce disputes by contacting our office at (973) 233-4396 today.