| bottom-link"> | | | | A legal argument for or against such an add-on should |
| In today’s world, parents often begin planning | | | | address several issues, including, but not limited to, the |
| for a child’s education far in advance. . . If their | | | | following: 1. Specific Needs of the Child: Does the child |
| children are lucky enough to be accepted into these | | | | have a special physical or mental disability that is most |
| prestigious programs, parents are then faced with the | | | | appropriately addressed at a private institution? If a |
| staggering tuition costs associated with these | | | | child has documented and undisputed special needs, a |
| institutions. In today's world, parents often begin planning | | | | court is very likely to order that they be met. 2. Length |
| for a child's education far in advance. Most Los | | | | of Attendance: How long has the child been attending |
| Angeles County residents are not satisfied with their | | | | the school? A court is more likely to order that private |
| neighborhood public school. Instead, they search for | | | | school tuition continue if the child has been there for |
| designer private schools in order to provide their | | | | several years and is at a critical stage of development |
| children with the best possible educational foundation | | | | in which removal from the school would be against his |
| money can buy. If their children are lucky enough to be | | | | or her best interests. 3. Alternatives: Where would the |
| accepted into these prestigious programs, parents are | | | | child attend school if he or she did not attend the |
| then faced with the staggering tuition costs associated | | | | private institution? What is the reputation of the local |
| with these institutions. | | | | public school? Is the neighborhood in which the public |
| This focus on education does not dissipate simply | | | | school is located safe? 4. Ability to Pay: What is the |
| because a marriage ends. The need for a quality | | | | financial situation of the parties? Can each parent, or |
| education remains a priority. Unfortunately, the costs of | | | | one high-earning parent, pay the tuition and still continue |
| divorce and the death of the community income may | | | | to pay for mandated child support and other expenses |
| cause some parents to question the practicality of | | | | he or she may have? This factor must always be |
| exorbitant tuition costs. | | | | taken into consideration, regardless of how compelling |
| In families where one party generates the majority of | | | | any other factors may seem. This is because, as a |
| the income, this analysis becomes even more | | | | practical matter, many families cannot afford to |
| complicated. If you are the high earner, does California | | | | maintain the lifestyle they lived during the marriage. As |
| law require you to cover some of (or all of) the costs | | | | a result, nonessential expenses, like private education, |
| of private school tuition? If you are the low earner or | | | | must be eliminated. |
| non-earner, does California law allow you to rely on the | | | | Allocation of private educational costsIf your counsel is |
| other party's higher income to support the costs of | | | | successful in persuading the court to order an add-on |
| private school tuition?And even in situations where | | | | for private educational expenses, then the court must |
| each party's income is relatively similar, does California | | | | also determine how that add-on will be allocated |
| law impose some kind of equal division of such | | | | between the parents. If no specific allocation is |
| costs?Private education as a discretionary | | | | requested in one's moving papers to the court, the |
| "add-on"The California Family Code sets forth a | | | | tuition will likely be divided "one-half to each parent." If |
| mandatory formula for child support that theoretically | | | | you believe an alternative allocation is merited, |
| takes into account each parent's "circumstances and | | | | documentation should be presented to corroborate |
| station in life" and "ability to pay" child support. This | | | | such a belief. One common alternative to the equal |
| formula, however, does not include "special" and unique | | | | division of such add-on expenses is an allocation |
| child-care expenses a particular family may encounter. | | | | corresponding to each party's respective income. In |
| In order to provide for these additional expenses, the | | | | this calculation, the court looks to the net disposable |
| Family Code has created two types of child support | | | | incomes of each party, after they are adjusted by |
| "add-ons"--one entitled "mandatory" and one entitled | | | | counsel to include any spousal support and mandated |
| "discretionary. | | | | child support that has already been ordered paid. The |
| "Educational costs for a child are deemed discretionary | | | | court then examines these adjusted incomes, and |
| rather than mandatory. This means that a particular | | | | determines what portion of the add-on would be |
| judge has the discretion, or the freedom of choice, to | | | | appropriate for the higher earner to provide. One must |
| determine whether or not she considers the proposed | | | | exercise caution in advocating this alternative allocation |
| cost to be appropriate as an additional expense to a | | | | to the court, since a judge may order the standard |
| parent. This requires a party's counsel to make a | | | | equal allocation of the add-on if the adjusted net |
| convincing argument that the private school tuition | | | | disposable incomes of the parties fail to show a true |
| should, or should not, be paid. | | | | disparity between the two incomes. |