Divorced. My child is going away to boarding school. Do/should I have to continue paying child support to her mother?
1 Answer from Attorneys
Absent an agreement in writing with your spouse or a court order, you are required to continue to pay child support in the amount ordered or agreed to in your separation agreement. Depending upon who is paying for boarding school and the impact on the support needs of your child some modification may be available, but it will not be as significant as you might expect. For instance assuming your spouse is the primary custodian of the child, she or he still has to have a room for the child and will still have to clothe the child. There are also costs related to transportation for the child and the parent to and from the school. The issue is really whether this change in your child's education and residence during the school year warrants an adjustment in child support.