Legal Question in Family Law in New York

My child is attending kindergarten at a public school. However, I would like to offer my child a better education at a private catholic school. My child's father pays child support through the system by providing $76.00 a week. We are divorced and was ordered unsupervised visits, every other weekend. He only arrives to see his child every other sunday for four hours then leaves. However, I want to know if I can get child support assistance to pay for my child's private school tuition. I already spoke to the school's administrator and was informed that I must pay $259. 00 monthly and .25 cents daily for meals. How can I go about getting assistance? Is it possible that I can get assistance through child support? I earn $32,000 a year. I guess my ex husband earns at least $27,000-28,000 a year.

Thanks


Asked on 9/24/10, 5:33 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. I want to know if I can get child support assistance to pay for my child's private school tuition?

A. The short answer is no unless either (1) the settlement agreement signed by you and your ex directs him to pay tuition at a private school, or (2) the father agrees to pay.

Child support is statutory (Child Support Standards Act or CSSA). Generally, it is 17% of net income from the non-custodial spouse. The CSSA does allow for day care. However, school is not considered day care (although an argument may be made for nursery or kindergarten).

My suggestion is to ask the ex to help with tuition. Explain that the school would offer a better education for their child - that the additional payment would not be a "waste" of his money.

Mike.

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Answered on 9/29/10, 5:45 am


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