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Will parents in Texas be required to pay for private school or college tuition?

Will parents in Texas be required to pay for private school or college tuition?

  • July 9th, 2021
  • Cheryl McGirr
  • Comments Off on Will parents in Texas be required to pay for private school or college tuition?

Have you asked yourself, “Will I be required to pay for private school or college tuition?” 

The Texas basic child support that noncustodial parents are required to pay is generally not enough for the cost of tuition. However, it is possible for the custodial parent to secure additional child support for private school education. 

If a parent seeks to enroll a child in a private school after the divorce, generally, it’s unlikely for the court to order tuition payments unless the custodial parent can show the child has a pressing need. If your child has a special need, such as a disability or health requirement, and a private school can accommodate that need, the judge may then order above-guideline child support, and your former spouse can be compelled to pay for part or all of the tuition. There have also been cases where judges have allowed child support above the guideline if the child was attending private school before the divorce in the interest of stability for the child. Courts have also allowed additional child support if the child is not yet enrolled, but the parents mutually agreed to provide private education while married.  

The fact that you want a private school education for your children is not enough to compel a court to order your former spouse to pay for the tuition above the child support guidelines unless there is a demonstrable need that supports an obligation above the guideline. 

Texas does not require support during college. However, many parents, acting in their child’s best interest, will work out a support plan independent of the court and ask the court to approve it and, if necessary, enforce it. However, a Texas court cannot order a parent to pay for their child’s college expenses without a prior agreement by the parent to do so. 

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Child Support – Private School and College