Legal Question in Family Law in California

My ex husband and I have 50/50 custody of our 2 children, for the last 5 years they have been going to challenger and we have being both paying the fees for each individual child, now my daughter is going to high school and I went ahead and registered with another private high school without consulting my x but I want him to pay for her tution, he says no I should pay not him, can I take him to court and force him to send my daughter to private high school is it a valid case. He has another daughter in his new marriage that just attends regular public school.


Asked on 3/25/10, 10:28 am

1 Answer from Attorneys

Whether or not your ex is ordered to share in private school tuition is going to turn on the exact facts and circumstances of your situation. Courts generally order sharing of educational expenses. On the other hand the courts don't generally order one parent to pay to send a child to a private school just because the other parent wants it. There has to be a showing that there is some need for the child to attend private rather than public school and that the need outweighs the financial burden on the other parent. Depending on the financial circumstances the court may also order the requesting parent to pay more than half but not all the tuition. In short the court needs to weigh all the factors and come up with the decision that is most equitable and satisfies the genuine needs of the child, not just the wishes of one parent to have what they think is "best" for the child.

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Answered on 3/30/10, 10:59 am


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