Custody and Education Decisions in High Net-Worth Divorce Cases in Orlando
Orlando is home to some of Florida’s top private schools, offering high-quality education, specialized programs, and smaller class sizes. Many high net-worth families in the area choose private schooling to give their children the best academic opportunities. However, when parents divorce, decisions about private education can become contentious, especially if one parent questions the financial burden or the necessity of continued enrollment.
As an Orlando high net-worth divorce Attorney, I help parents on both sides of these disputes—whether they want to maintain their child’s private school education or argue that continued attendance is not financially feasible or in the child’s best interest. Custody disputes involving education require a legal strategy that considers Florida law, financial obligations, and the child’s best interests. If you are facing a custody dispute over private schooling, call me at 1-888-640-2999 to schedule a consultation. I handle complex divorce and child custody matters throughout Orange County, Florida.
How Florida Law Addresses Private Schooling in Custody Cases
When parents share custody, Florida law requires them to make major decisions regarding their child’s education together. Under Florida Statutes §61.13, courts consider educational choices as part of the parenting plan, which outlines how major decisions are made for the child. If parents disagree on whether private school is necessary or affordable, the court may need to intervene.
Key legal factors courts consider in custody disputes involving private schooling include:
- The child’s best interests – Florida courts prioritize what benefits the child’s overall well-being, including continuity in education.
- Each parent’s financial ability – Private school tuition can be a significant expense, and the court may assess whether the cost is reasonable based on each parent’s income and assets.
- Past enrollment history – If the child has attended private school for years, courts are more likely to maintain continuity unless there is a compelling reason to change.
- The financial burden on the paying parent – A parent who does not support private schooling may argue that the cost is unnecessary, particularly if a high-quality public school is available.
- Whether the cost was agreed upon during the marriage – If private school was a mutual decision before the divorce, courts may be more inclined to uphold the arrangement post-divorce.
Arguments for Keeping a Child in Private School
For parents seeking to maintain private school enrollment, legal arguments often center on the child’s best interests and the precedent set before the divorce. If private school was always part of the child’s educational plan, courts may be reluctant to disrupt it unless financial circumstances have changed significantly.
Key arguments in favor of continued private school attendance include:
- Stability and continuity – Courts prefer to minimize disruptions to a child’s routine, especially during a divorce.
- Academic and extracurricular benefits – If the private school offers specialized programs, smaller class sizes, or extracurricular opportunities not available in public schools, this can support the argument for continued enrollment.
- Social and emotional well-being – A child who has strong social ties at their school may suffer emotionally from a sudden transfer.
- Parental agreement before divorce – If both parents agreed to private schooling during the marriage, one parent’s objection post-divorce may not carry as much weight.
- Financial ability to cover tuition – If the parent advocating for private school can pay for it without undue hardship on the other parent, the court is more likely to approve continued attendance.
Arguments Against Private School Enrollment Post-Divorce
On the other side, a parent opposing private school attendance may argue that the cost is excessive or that a public school alternative is sufficient. Some of the strongest legal arguments against private school include:
- Financial burden on the opposing parent – If private school tuition would create financial strain, courts may be unwilling to impose the expense.
- Availability of strong public schools – If high-quality public schools are available, the court may determine that private school is unnecessary.
- Change in financial circumstances – If a parent’s income has decreased post-divorce, the court may find that continuing private education is no longer feasible.
- Disagreement on educational priorities – If one parent believes public school aligns better with their child’s needs, they may argue against private enrollment.
- Tuition payments not specified in the divorce agreement – If the final divorce decree did not require private school tuition payments, the objecting parent may not be obligated to continue covering the costs.
Who Pays for Private School in Florida Custody Disputes?
One of the biggest questions in these disputes is who pays for private school tuition? Florida courts do not automatically require parents to fund private education unless there was a prior agreement or the court finds it necessary for the child’s well-being.
Under Florida law:
- If the parenting plan requires private school tuition, both parents are typically expected to contribute based on their financial means.
- If there was no prior agreement, the parent advocating for private school may have to cover the cost or prove why the other parent should contribute.
- If one parent cannot afford tuition, the court will assess whether continued enrollment is realistic given financial resources.
- If private school is deemed a “necessary expense,” tuition may be added to child support obligations under Florida Statutes §61.30.
How Attorney Beryl Thompson-McClary Can Help
Custody disputes involving private school tuition can become complex, requiring strong legal advocacy. As an Orlando high net-worth divorce Attorney, I work with parents on both sides of the issue, ensuring that their financial concerns and their child’s best interests are properly presented to the court.
- For parents seeking to keep their child in private school, I gather financial records, academic reports, and expert testimony to demonstrate why continued enrollment is necessary.
- For parents arguing against private schooling, I present financial evidence showing why tuition is an unreasonable expense post-divorce.
If you are dealing with a custody dispute over private schooling, call me at 1-888-640-2999 to schedule a consultation. I will work to protect your rights and your child’s future.
FAQs About Custody Disputes and Private Schooling in Florida
How do courts determine whether a child should stay in private school after divorce? Florida courts look at factors such as the child’s best interests, each parent’s financial ability, the child’s academic needs, and whether the child has historically attended private school.
Can private school tuition be included in child support payments? Yes, if the court finds that private schooling is necessary for the child’s well-being, tuition can be factored into child support obligations under Florida law.
What if one parent refuses to pay for private school? If there is no agreement requiring tuition payments, the parent who wants private school may have to cover the costs independently unless they can convince the court otherwise.
Can a court force a parent to switch a child from private to public school? Yes, if the court determines that private school is unnecessary or creates financial hardship, it can rule that the child should attend public school instead.
What if my ex-spouse stops paying for private school even though we agreed to it? If tuition payments were part of a divorce agreement or court order, you can file a motion to enforce the agreement and seek legal remedies.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you are dealing with a custody dispute involving private schooling, it is crucial to have strong legal representation. I am committed to protecting my clients’ parental rights and financial interests. Call 1-888-640-2999 to schedule a consultation and discuss your case.
Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
Google Business Profile
Directions
