I am currently paying my ex-spouse child support, and our child sees a tutor once a week for help in school. Doesn’t the money they receive from child support cover that?
I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state, but I can provide you with general tips in divorce.
This may qualify as an item covered by child support depending on your jurisdiction. As an Ohio attorney, I have found that the courts here treat it in two different ways. If it is something required through the school, then it would be a school expense, which is covered by child support.
However, if it was done outside of school based upon the needs of your child, then it is an extra-curricular activity that is not covered under child support.
Each state differs on how they classify a child expense, and what they consider an expense covered by your child support obligation. I would speak with an attorney in your state to see how your state would treat those expenses.
In addition to that, the added expense may entitle you to a reduction in support. In Ohio, in kind contributions are grounds for a deviation, so paying for a tutor may entitle you to a reduction based upon that cost. Again, you should discuss these potential outcomes with an attorney in your state to see if they apply in your state and in your matter.
Dan Pearce is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell Planning Partners. He has written countless pieces on MensDivorce.com, detailing the plight of men and fathers going through the divorce experience, as well as the issues seniors and their families experience throughout the estate planning journey on ElderCareLaw.com. Mr. Pearce has managed websites and helped create content, such as the Men’s Divorce Newsletter and the YouTube series, “Men’s Divorce Countdown.” He also has been a contributor on both the Men’s Divorce Podcast and ElderTalk with TuckerAllen.
Mr. Pearce assisted in fostering a Cordell Planning Partners practice area specific for Veterans, as they deal with the intricacies of their benefits while planning for the future. He also helped create the Cordell Planning Partners Resource Guide and the Cordell Planning Partners Guide to Alternative Residence Options, specific for seniors with questions regarding their needs and living arrangements.