Texas Private School Expenses After Divorce: Who Pays Tuition?

Who Pays for Private School Expenses After Divorce in Texas?

Thousands of parents send their children to expensive private schools in North Texas, but what happens when they get a divorce? Who foots the bill for private education?

While the Texas Family Code has guidelines in place to help divorced parents navigate the child support process, it doesn’t explicitly mandate coverage for private school tuition. Child support is generally intended to cover basic necessities such as food, clothing, and healthcare. Unfortunately, private school expenses after divorce fall into a gray area.

And while the absence of clear-cut guidelines can complicate matters, it doesn’t mean that a resolution can’t be reached. Judges can order additional child support if the child was enrolled in private school before the divorce or, in some cases, even if the child has yet to enroll –  but the parents agreed to provide a private education while married.

In this post, our experienced Fort Worth divorce attorneys explain how private school expenses are generally handled in a Texas divorce, how some Texas judges have ruled in the past, and how Varghese Summersett Family Law Group can help if you believe your child’s private school tuition should be a part of the child support agreement.

Child Support and Private School Expense After Divorce

Child support in Texas is typically required until a child turns 18 or graduates from high school, whichever comes later. However, Texas child support laws do not explicitly cover private school expenses after divorce. That’s why it’s crucial for parents to address this issue during the divorce process. If possible, parents should try and reach an agreement –  with the help of their attorneys and possibly a mediator – regarding who will be responsible for private school expenses after divorce or how they will be split up.

If an agreement cannot be reached, then the issue may be settled in court – if the judge agrees to take up the matter. If so, the judge will review the facts of the case, consider the arguments from both sides, and make a decision based on the child’s best interests. Factors such as the child’s educational history, the parents’ financial abilities, and any agreements made during the marriage about private education could play a significant role in the judge’s decision.

Private School Education Costs

When discussing private school expenses after divorce, it’s essential to consider the various costs associated with post-secondary education. These may include:

• Tuition and fees
• Books and supplies
• Transportation

Divorced parents should determine each of their contributions to these costs, either through negotiation or mediation. Remembering that each parent’s financial situation may change over time is essential, so flexibility and open communication are key.

During the divorce process, the parents may negotiate and agree upon a division of costs for their child’s private school education. This agreement should be included in the divorce decree or a separate written agreement. If the parents cannot agree, a court may determine who should pay for the private school expenses after divorce, considering factors such as each parent’s financial resources, the child’s best interests, and any relevant guidelines or statutes.

Child support in Texas is generally determined by guidelines that consider the non-custodial parent’s income and the number of children they are responsible for supporting. However, the court has the discretion to deviate from these guidelines if it determines that a different support arrangement would better serve the child’s best interests. This might include ordering one or both parents to contribute to private school expenses after divorce.

Private School Expenses After Divorce Agreements

Parents can include provisions in their divorce agreement regarding private school expenses during the divorce process. This may involve setting up a private school savings plan or agreeing on a specific percentage of costs each parent will cover. It’s essential to have these agreements in writing to ensure enforceability and minimize potential disputes in the future.

Texas Case Law and Private School Expenses After Divorce

Although Texas courts generally do not require parents to pay for private school expenses as part of child support, there have been cases where the courts have upheld provisions in divorce agreements related to private school funding. As such, it’s essential to consult with an experienced family law attorney to understand your situation and the best course of action for your family.

Does Texas Law Consider Private School Expense in the Child’s Best Interest?

Not necessarily. The evidence in court must show exceptional circumstances that require specific needs or a unique benefit for the child from attending a private school.

For example, in a 2011 Dallas case, the court concluded there was no evidence that private school was a proven “need” of a child.

Although the Texas Supreme Court hasn’t defined the “needs” of a child, it has clearly ruled that “needs” do not include the ability to pay by the obligor or to maintain a lifestyle for the child. The court, however, has found that a child’s proven needs are more than the bare necessities.

In a 1994 Houston case, the needs of a child were addressed when involving special needs, including learning disabilities and behavioral disorders. The court found the facts of the case required child support above the state’s guidelines was appropriate.

Will Texas Judges Include Private School Expenses in Their Child Support Amount?

It depends. While the Texas Family Code does not explicitly mandate the coverage of private school tuition in child support, there are legal precedences where courts have ordered additional support for this purpose. For example, if the child was already enrolled in private school before the divorce, or if there was an understanding or agreement during the marriage that the child would attend private school, the judge might take these factors into account when determining child support obligations.

Having said that, Texas courts will not include expenses related to private school education in their child support obligations, even in a high-asset divorce, just on the basis that the child has previously attended one. The parents could agree on keeping the child enrolled in the private school and include it in their divorce agreement, to which the court likely would not object. However, without a specified agreement among the parents, the court may choose to use the standard percentage guidelines to determine the child support amount.

Worried About Your Child’s Private School Expenses After Divorce? Call us.

If you’re facing a divorce in Texas and have a child enrolled or planning to enroll in a private school, the experienced Fort Worth divorce attorney at Varghese Summersett Family Law Group can help you navigate the complex landscape of child support obligations and private school expenses.

Our legal team is adept at exploring all potential avenues and creating effective strategies to address the intricacies of educational expenses in divorce proceedings. We are committed to safeguarding your child’s educational interests while ensuring a fair and equitable financial arrangement that respects both parents’ circumstances and obligations. For more information and guidance on private school expenses after divorce and to schedule a consultation, call today at 817-900-3220 or contact us online.

FAQ: Paying Private School Expenses After Divorce in Texas