Legal Question in Family Law in Pennsylvania

Catholic schooling and child support

My ex-husband wants our children to go to Catholic school until 9th grade and I agreed with this because it is important to him and his family. However, our daughter, 10, is very unhappy there now and does not want to go back. He says she has no choice and I disagree because her happiness is more important to me than Catholic schooling. Is private school tuition calculated in the base child support amount or would it be added in after the base amount has been established? Child support had been established through our divorce settlement and there is no mention of private school and that $ is to be used for it. Would it be beneficial for me to take this to family court?


Asked on 5/18/07, 7:49 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Catholic schooling and child support

Your question is a bit unclear, but if I understand correctly, you have custody and would like the child to go to school where she chooses?

Generally the custodial agreement covers only general issues and will not get into specifics. Courts generally will try at all costs to prevent being inserted into what are essentially parenting issues.

Unless otherwise agreed in writing a custodial parent can make parenting decisions as that person sees fit. Likewise with child support. That money is meant to provide for the care and well being of the child and is generally not allocated to any particular expenditure. Some parents simply place child support in an account for the child to use later for college.

So, unless the custodial agreement or order specifies otherwise most decisions about the child are left to the parents to work out on their own. That said, making a decision that is against the wishes of the non-custodial parent could cause the non-custodial parent to seek a modification of the custody or child-support situation.

Regards,

Roger

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Answered on 5/18/07, 11:12 am


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