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child support and private elementary

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amy0921

Junior Member
What is the name of your state? OH

My child went to private kindergarten, because 1/2 day was the only option and I work. I am the custodial parent. Could the non-custodial parent request for a decrease in child support due to my decision to keeping my child in private school for their elementary years?What is the name of your state?
 


Silverplum

Senior Member
amy0921 said:
What is the name of your state? OH

My child went to private kindergarten, because 1/2 day was the only option and I work. I am the custodial parent. Could the non-custodial parent request for a decrease in child support due to my decision to keeping my child in private school for their elementary years?What is the name of your state?
Let me just check here:
You were using private K to obtain a whole day's care for your kid because you work, right? And you want to continue it as her school for 1-6?

Does your court order say anything about day care?
Is your X threatening to request a decrease? Has he filed? How long has it been since your CO was issued/last modified? Is it from OH?
 

amy0921

Junior Member
Your conclusion is correct -needed the private kindergarten for child care. the order was in ohio and yes child care was part of the order, it was 2 years ago. The school would actually be grades 1-8.

He has not threatened, but I'm probably thinking further ahead than he is. Hope I answered all your qs.
 

MrsK

Senior Member
If you two didnt agree on using private education, then it IS possible for him to be released from the "daycare" portion of child support.

You arent under the impression that you can just choose private school & all of the tuition that comes along with it, WITHOUT consent from the NCP, and make him pay for it, are you?? :confused:

In other words- if he didnt want the child in private school, and you do, you are probably going to have a hell of a time convincing the judge that it is HIS responsibility to help pay for it.
 

Ohiogal

Queen Bee
amy0921 said:
What is the name of your state? OH

My child went to private kindergarten, because 1/2 day was the only option and I work. I am the custodial parent. Could the non-custodial parent request for a decrease in child support due to my decision to keeping my child in private school for their elementary years?What is the name of your state?
In answer to your questions, yes NCP can request a decrease for the child support portion which he paid for all day kindergarten when public only offered half day so you could work. Only half of it was actually day care anyway. Unless your order says you get to make all school decisions unilaterally NCP has a say so in private or public. IF he wants public and you decide private, you pay. He can get a decrease in the child care portion of day care becuase a child doesn't need as much day care when they are attending school full time. An attorney would have to see your entire order to give you more specific information about your options.
 

abstract99

Senior Member
Even when an order says that one parent can make all of the educational decisions, usually when it includes the cost of a private school, both parents must agree or go to court.

My order said all decisions were moms, she wanted private, I wanted public (and not just for cost reasons, I didn't like the catholic school system after going through it in high school). She went ahead and enrolled them thinking I would pay for it even though I had already said no. After 6 months she got me into court and I won.

The courts will also look at the ability of the other parent to contribute financially.

OP, based on the age of the child, you might still qualify for some type of day care if you still use an after school prgram.
 

nextwife

Senior Member
Gee, I worked and my kid only had half day K4 available. That did NOT mean I then had to opt for private K-8. I simply used the Y's day care, or would have used whatever accredited day care worked with the school system and transported, and she was picked up at noon.

Expect to pay tuition for school yourself if he did NOT consent. He should ONLY be responsible for the cost of a half day's day care. And at grade 1, for the after school care - NOT the tuition, unless HE agreed to private elementary school.
 

LdiJ

Senior Member
nextwife said:
Gee, I worked and my kid only had half day K4 available. That did NOT mean I then had to opt for private K-8. I simply used the Y's day care, or would have used whatever accredited day care worked with the school system and transported, and she was picked up at noon.

Expect to pay tuition for school yourself if he did NOT consent. He should ONLY be responsible for the cost of a half day's day care. And at grade 1, for the after school care - NOT the tuition, unless HE agreed to private elementary school.
Private school isn't necessarily more costly than daycare....sometimes its even a bit less expensive....so it likely was a reasonable option. I have some friends here who chose a private school for KG and put their preschooler there too for just that reason...it was a good school and a bit less expensive than daycare.

Of course they opted for public school after KG.
 

Ohiogal

Queen Bee
abstract99 said:
Even when an order says that one parent can make all of the educational decisions, usually when it includes the cost of a private school, both parents must agree or go to court.

My order said all decisions were moms, she wanted private, I wanted public (and not just for cost reasons, I didn't like the catholic school system after going through it in high school). She went ahead and enrolled them thinking I would pay for it even though I had already said no. After 6 months she got me into court and I won.

The courts will also look at the ability of the other parent to contribute financially.

OP, based on the age of the child, you might still qualify for some type of day care if you still use an after school prgram.
I need to clarify. If mom gets to make all the educational decisions -- she has final word for some reason -- then if she goes against what dad wants, she can enroll the child in private school however she cannot expect dad to pay -- the cost is all hers. And she can expect him to take her to court. I was basicaly stating a situation like yours. Mom can enroll however she can't expect Dad to pay for something he didn't want and was against.
 

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