Who Pays For Costs Beyond Basic Child Support?

Most parents going through a divorce or separation prioritize their children’s well-being. Maintaining the same quality of life for your child after a divorce or separation is a challenge in and of itself. Even with basic child support, you may find that some expenses in your child’s life may not be covered, such as substantial unreimbursed medical expenses, certain extracurricular activities, work-related childcare, and private school tuition. New Jersey courts call these kinds of expenses extraordinary expenses, and there are special rules governing how the parents will pay for them.

Explaining Extraordinary Expenses

Extraordinary expenses in New Jersey are considered costs that are not a part of the child’s basic daily needs. These could include:

• Private School
• Medical and dental care
• Special needs education or tutoring services
• Extracurricular activities

Expenses such as these may potentially be too much for a parent to manage on child support alone. New Jersey courts can allocate payment of these expenses between parents for the benefit and well-being of the child.

Private School Tuition in the Courtroom

Private schooling is not automatically included in child support obligations. For a parent seeking contribution to private school tuition as extraordinary expenses, they will need to have the court determine if the schooling is both necessary and beneficial for the child. Some factors that may affect this ruling are:

• If the child was enrolled in a private school before the divorce or separation
• The educational needs of the child
• Both parents’ financial ability to pay for private school tuition

Should the court deem private school to be reasonable, appropriate, and in the best interest of the child, tuition is generally split in direct proportion to both of the parents’ estimated net incomes. For example, if each parent’s estimated net income is essentially equal to the other parent, the Court would usually allocate responsibility for paying tuition equally. Conversely, if the parents’ estimated net incomes are disproportionate, the Court will usually allocate responsibility for paying tuition disproportionately. Responsibility for paying private school tuition may also be an issue in a divorce settlement where the parties agree how to pay for it in advance.

Modification to Child Support Agreements

Child support agreements may be modified based on changes in parents’ financial situations and changes in the needs of the child. At times, large expenses that arise for a parent can also impact modifications to the support agreement. Any requests for modifications must meet stringent legal requirements. A skilled New Jersey family law attorney can help you pursue a modification or defend against a modification.

Speak with a New Jersey Family Law Attorney from Moskowitz Law Group

An experienced family law attorney can help you navigate the complexities of paying for extraordinary expenses. At Moskowitz Law Group, our team of experienced family law attorneys understands the laws governing extraordinary expenses. Our team can help you throughout the legal process and work with you to achieve a fair solution that benefits you and your child. Reach out to us today for a consultation.