Even when going through divorce, most parents want to know that their children are well off and happy. Regardless of your wealth, it can be difficult to maintain a certain lifestyle where your children enjoy private school or extracurricular activities once you are divorced. Thus enters the discussion about who pays for what to ensure the kids have a good life, especially when the expenses go beyond basic needs like food, shelter, and clothing. Let’s dive right into this discussion to learn how New Jersey courts handle the issue of extraordinary expenses when one parent is paying for child support.
Key Takeaways
- Costs beyond basic child support, such as private school, medical bills, and extracurriculars, are considered extraordinary expenses and may require additional financial support.
- Courts first assess if private school is necessary based on the child’s needs, pre-divorce enrollment, and the parents’ ability to pay.
- Tuition is typically split in proportion to each parent’s income, or as agreed upon in settlements.
- Expenses like medical bills and activities are divided based on the child’s best interests, parents’ finances, and pre-divorce living standards.
- Child support agreements can be modified if financial circumstances change, provided the changes benefit the child.
Comparison Table: Factors in Dividing Private School and Extraordinary Expenses
| Expense Type | Factors Considered by Courts | Division Based on |
|---|---|---|
| Private School Tuition | Child’s educational needs, pre-divorce enrollment, financial ability of parents | Proportionate to each parent’s income |
| Medical Expenses | Child’s health needs, unexpected high costs | Divided based on each parent’s financial capacity |
| Extracurricular Activities | Child’s interests and developmental benefits | Financial resources of each parent and best interests of child |
| Special Needs Education | Necessary services for child’s development | Fair contribution based on income and asset availability |
| Modifications to Agreements | Change in financial circumstances, new expenses | Court review and approval |
What are Extraordinary Expenses?
Extraordinary expenses are any expense that cost more than what one parent can afford to pay when considering their current single income. For most families, raising children requires more than paying for food and other basic needs. Thus, there are many expenses that can be listed as “extraordinary,” including:
- Private school tuition
- Expenses for children with special needs
- Medical expenses for a child
- Extracurricular activities
These expenses are often not predictable, such as high medical expenses that occur suddenly and unexpectedly. Due to these exceptionally high costs that could hurt the financial stability of the family, it may be ruled that the non-custodial parent assist with payments.
Extraordinary expenses are reviewed carefully by New Jersey courts. The process by which they grant additional child support for such expenses will be broken down further below.
How to Determine Responsibility for Private School Tuition
Unless the child (or children) are already enrolled in private school, any discussion about who pays for the tuition will first begin with the court examining if private school is necessary. There must be agreement between both parties. You, your ex-spouse, and your legal advisors should review the factors contributing to the child’s enrollment in private school.
- Does the child require private school for certain needs, such as a developmental reason?
- Has the child been attending private school before the divorce or separation? Courts may favor maintaining stability in the child’s life by continuing their current educational path.
- Can the combined income of both parents cover the cost of private school?
If it is agreed that the child enrolls or continues on with private school, the next step is to discuss how the tuition is divided. If the matter is taken to court, it will generally be evaluated along the same lines as other expenses:
- Proportionate to Income: Each parent will contribute to private school tuition in proportion to their respective incomes. For instance, if one parent earns 70% of the combined income between both parents, that parent may be responsible for 70% of the tuition costs, while the other parent covers 30%.
- Agreements and Settlements: If parents reach an agreement outside of court on how to split private school expenses, the court will usually honor this agreement as part of the divorce settlement.
Who Pays for Other Extraordinary Expenses?
Unlike private school tuition, other extraordinary expenses may not be as easy to divide or agree upon. Should the matter be taken to court, extraordinary expenses will be evaluated using the following criteria:
- Child’s Best Interests: Ultimately, any decision regarding extraordinary expenses, including private school tuition, must serve the child’s best interests. Courts will take into account the impact that education or activities have on the child’s well-being.
- Financial Resources of the Parents: Courts evaluate each parent’s financial standing, including their income, assets, and future earning potential, to ensure the expense is something they can manage.
- Standard of Living Pre-Divorce: Courts may aim to maintain a child’s standard of living, particularly if private school or extracurricular activities were part of the child’s pre-divorce life.
- Parent’s Contribution to the Expense: The court will also consider whether each parent is willing and able to contribute fairly toward these expenses. In contentious cases, one parent may need to provide more if they have the financial means to do so.
Negotiating and Modifying Child Support Agreements
As time passes, you may find that who pays for what needs to change. Certain costs, such as tuition or extracurricular activities, can be reconsidered in the future, especially as certain needs or your finances change. When this happens, you may want to request a modification for the existing child support.
To do so, you will need to provide documentation that clearly expresses why the child support needs to be renegotiated. Remember that modifying child support must always be done in the best interest of the child. The court is less likely to grant changes if it is solely to benefit the parent.
Contact an NJ Divorce Attorney Today to Learn More
Determining who pays for a child’s private school and extraordinary expenses can be exhausting and difficult, particulary in contentious divorces. If you are facing disputes over private school or extraordinary expenses, it’s time to seek out the assistance of an experienced New Jersey family law attorney who can help you through the legal process and help you get the support you need.
At Ziegler Law Group, LLC, we know divorce, child support, and family law. We have helped countless families resolve child support related issues fairly and efficiently. Contact us today at 973-533-1100 for a consultation and to learn more about how we can help you manage extraordinary child expenses in your divorce or separation case.
FAQ Section
1. Are private school fees included in basic child support in New Jersey?
No, private school fees are considered an extraordinary expense and typically require additional financial support beyond basic child support. Courts may split these costs based on income or existing agreements.
2. How do NJ courts decide who pays for a child’s private school expenses?
Courts look at factors such as the child’s pre-divorce enrollment, parents’ ability to pay, and any special educational needs. If private schooling is considered in the child’s best interest, parents may split the cost proportionally based on income.
3. Can child support be modified to include extraordinary expenses in New Jersey?
Yes, child support agreements can be modified if a significant change in financial circumstances or a new expense arises. This is subject to the court’s approval, ensuring it aligns with the child’s best interests.
4. What other types of extraordinary expenses might parents share?
Extraordinary expenses can include medical expenses, special needs education, and extracurricular activities. Courts consider each parent’s financial standing and the child’s best interests when dividing these costs.
5. Do both parents have to agree on private school enrollment for cost-sharing?
Ideally, both parents should agree on the decision to enroll a child in private school. If they can’t agree, the court may intervene and make a decision based on the child’s best interests and each parent’s financial capacity.
