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[quote=Anonymous][quote=Anonymous]I'm not divorced but have some experience with this.

The short answer to this is yes, they can force you to continue paying for private school. In general, there's some important criteria that courts tend to use:

-If one parent can demonstrate private education is needed, the court can require it.

-Even if there is no way of proving private education is required, if it can be demonstrated that the parents had previously agreed to private education and/or it has already become part of the children standard of living, then as long as there is enough income to support it, the courts can force both parents to continue providing private education.

Like most of these questions, they need to be consulted with an attorney because the answer is always case-specific. But certainly don't expect courts to be ok with forcing a child who has been going to private school to move to a public one simply because their parents are now divorced and one of them wants to keep child support low.[/quote]

This.

There are exceptions of course. The court will also look at why the parents chose private over public in the first place. In our case, it came down to his claim that I wanted it for religious reasons and my claim that we both chose it due to the higher quality of the k-5 grades. Neither of us had any proof what the other person said at the time, but I was able to introduce statistical evidence from both the zoned ES and the private to show that the public ES was a failing school. It was enough to convince the judge that it was not a unilateral religious preference. My ex could hardly argue he was fine with the low-performing public. DC switched to public after 5th because the zoned MS was equitable to the religious school's 6-8. If we return to private for HS, I'll pay entirely.[/quote]

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