Q: My fiance has a 4 year old with his ex. He is on child support but there is no visitation/custody order. They have a verbal agreement of every other weekend for visitation. He wants his child to go to a public school for prek but he just found out the mother enrolled her in Catholic school and now he is worried that the child support will increase. He was already paying a portion in the child support for her preschool. The ex lives 2 hours away by train. We are not familiar with the schools in their area but my finance wants the child to go to public school. He is upset that the mother made this decisions without his consent. But like I said there is no official court order. Does he still need to pay the school tuition or can he modify his child support to not include the school since he wasn’t consulted on that decision.
A: First, he should ensure current child support order doesn not say he’s to pay a certain % of unreimbursed educational expenses. If he does, then he should file a modification petition to clarify the issue of private school. If the order doesn’t address educational expenses, then he should put it in writing that he doesn’t agree for the child to attend private school. Schedule a consult with a Bronx Child Support for a full assessment.