Can A Maryland Court Require A Parent To Pay For A Child’s Private School Tuition?

Attending private school can pose a considerable financial burden on the parents, especially when they are divorced or separated. When parents disagree about whether a child attends private school, the issue can become part of their child support case.

Maryland courts can compel parents to share the cost of private school in appropriate cases. However, one parent’s preference for private school does not automatically require the other parent to pay for it.

Private school expenses and Maryland child support 

Maryland child support law explicitly addresses educational costs. Maryland Family Law § 12-204(i) allows parents to divide educational expenses incurred for private school attendance based on the child’s particular educational needs and the parents’ income.

Maryland courts define particular educational needs more broadly than simply proving that the child has a disability or needs special education.

In Witt v. Ristaino, the Maryland Appellate Court held that courts must determine whether attending private school is in the child’s best interest and whether the parents ought to bear the cost.

What factors will the court consider? 

Whether private school tuition payments should be considered when calculating a parent’s child support obligation depends on the particular facts of the case.

Maryland appellate courts have defined several potentially relevant factors. These include the child’s past educational experience, the period during which they’re attending private school, the quality of the child’s grades, the need for continuity of education, and whether private schooling is customary in the family.

The court can also consider whether the parties previously agreed, before the separation, to provide their child with a private education. The most important consideration is the parents’ financial ability to pay.

As a result, tuition payments are not obligatory simply because the other parent chooses to enroll the child in a private school.

Prior agreements can make a difference 

Having a joint history of choosing private education can play an important role in your case. For instance, in Ruiz v. Kinoshita, the Maryland Court of Special Appeals confirmed that private school costs were recoverable in the light of evidence establishing that the parents were in full agreement concerning private school for their kids and had the means to pay the costs.

In another unreported Maryland appellate decision, a trial court’s refusal to recover private school tuition was confirmed because there was no agreement between parents and no particular need of a child for private school attendance.

Resolving private school disputes 

Disputes relating to private schooling can go beyond where the child receives their education. Schooling costs, including fees and tuition, transportation expenses, extracurricular activities, and other costs associated with private education, can leave parents with a significant financial burden.

When seeking a contribution toward the costs of private schooling, parents should show why private schooling is needed for their child, the family’s history with private schooling, and how financially feasible it is for the parents.

Talk to a Bel Air, MD, Family Law Attorney Today 

Schlaich & Thompson, Chartered represents the interests of Bel Air residents attempting to hammer out a custody agreement between parents. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your child’s needs right away.

Source:

caselaw.findlaw.com/court/md-court-of-special-appeals/1493191.html