Extraordinary Education Expenses in Child Support
Introduction
In the realm of child support, education expenses often arise as one of the most commonly claimed and debated items. This blog post aims to dissect the term "extraordinary" as it pertains to education expenses, and how it impacts the support received.
Extraordinary Education Expenses
An expense for primary or secondary school education is considered "extraordinary" if it surpasses what the party requesting the contribution can reasonably afford, based on their income and the table amount of support received. However, even if the party can afford it, the court may still deem the expense as extraordinary. This depends on multiple factors such as the nature and number of the educational program and extracurricular activities, special needs and talents of the child, and the overall cost of the program and activities.
Tutoring Costs
Tutoring costs are often allowed as an extraordinary expense, especially when the child has identified special needs. This is because the necessity threshold is met in this case. However, if the child is excelling in school and doesn't have any special needs, the expense may be denied even if it is beneficial for the child. This is because it doesn't meet the threshold requirement of necessity.
Private School Costs
Private school costs often generate a lot of debate. If parents had sent their child to a private school prior to separation, it could support a claim for contribution to private school costs. However, it does not guarantee it. The court may take into consideration the parents' spending pattern during cohabitation, but it isn't the sole determining factor. The court may also evaluate the cost and description of alternate programs and their suitability for the child.
Conclusion
Understanding the concept of "extraordinary" in the context of education expenses for child support can be complex. It's crucial to remember that these are evaluated on a case-by-case basis, considering several factors ranging from income, nature of the educational program to special needs of the child. Also, tutoring and private school costs may be considered extraordinary, but again, specific circumstances play a crucial role in the determination.
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