Private school can be a significant part of a child’s education and family routine. When parents divorce or separate, however, tuition can become a major financial issue.

One parent may want the child to remain in private school while the other is concerned about affordability. Parents may disagree about whether tuition should continue, how much each person should contribute, or whether one parent can enroll a child in private school without the other parent’s agreement.

In Massachusetts, private school expenses are not automatically divided in every case. Under the Massachusetts Child Support Guidelines, a court may allocate private school expenses on a case-by-case basis after considering whether the expense is affordable for the parents and in the child’s best interests.

Is Private School Tuition Included in Child Support?

Not necessarily.

Basic child support and private school tuition are treated differently. The Massachusetts Child Support Guidelines identify private school as an additional child-related expense that a court may allocate between the parents.

Whether a parent will be required to contribute depends on the family’s circumstances, including affordability and whether continuing private school is in the child’s best interests.

Parents should review their existing separation agreement, judgment, or child support order carefully. Some agreements already address tuition, while others may be silent on the issue.

What If the Child Already Attends Private School?

A child’s existing educational history may become relevant when parents disagree about whether private school should continue.

Questions may include:

• How long has the child attended the school?
• Was private school a joint decision during the marriage?
• Is the child doing well academically and socially?
• Would changing schools disrupt the child’s routine?
• Can the parents reasonably continue to afford the tuition?
• Are there other educational needs that make the current school particularly important?

No single factor necessarily decides the issue. The circumstances of the child and the parents must be considered together.

What If One Parent Wants Private School and the Other Does Not?

A disagreement about tuition may also involve a disagreement about educational decision-making.

Legal custody generally concerns major decisions affecting a child, including education. If parents share legal custody, one parent may not necessarily have the authority to make a significant educational decision without involving the other parent.

Before enrolling a child, withdrawing a child, or making a major financial commitment, parents should understand what their custody agreement or court order says about educational decisions.

How Might Tuition Be Divided?

There is no automatic rule requiring private school tuition to be divided equally.

Depending on the circumstances, parents may agree, or a court may order, that:

• One parent pays the tuition.
• The parents divide the expense equally.
• The parents contribute in different percentages.
• One parent pays certain school expenses while the other pays others.
• Financial aid, scholarships, or other resources are considered before the remaining cost is allocated.

Because private school is considered an additional child-related expense under the Massachusetts Child Support Guidelines, allocation is discretionary and determined on a case-by-case basis.

Look Beyond Tuition Alone

The cost of private school may involve much more than the tuition bill.

Parents may also need to consider:

• Registration and enrollment fees
• Books and technology
• Uniforms
• Transportation
• Sports and extracurricular activities
• School trips
• Tutoring or academic support
• Summer programs
• Fundraising or other school-related expenses

Clarifying which expenses are included and how they will be handled can help prevent future disagreements.

What If Financial Circumstances Change?

An agreement that made sense several years ago may become difficult to maintain if one parent loses a job, experiences a significant income change, or faces other substantial financial circumstances.

Parents should not simply stop paying an expense that is required by an existing court order.

If circumstances have changed significantly, it may be necessary to review the existing order and determine whether a modification should be requested.

Address Private School Expenses Clearly

When parents are negotiating a divorce, custody agreement, or modification, it can be helpful to address private school expenses with as much detail as possible.

An agreement may need to specify:

• Whether the child will remain in private school
• How tuition will be divided
• Which additional school expenses are included
• How future tuition increases will be handled
• Whether both parents must agree before changing schools
• What happens if one parent can no longer afford the agreed contribution

Clear expectations can reduce the likelihood of another dispute later.

Getting Help With Private School Expenses and Divorce

Private school tuition can become a complicated issue when parents have different financial circumstances, different views about education, or an existing agreement that does not clearly address school expenses.

At Fleischer Law Solutions, we help clients navigate child support, custody, educational decisions, modifications, and other financial issues that arise during and after divorce.

Please contact Fleischer Law Solutions here to schedule a consultation if you have questions about private school tuition, educational expenses, child support, custody, or how school-related costs should be addressed in your family law matter.