What is considered the “norm” for division of educational related costs for kids in divorce?

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What is considered the “norm” for division of educational related costs for kids in divorce?

We have 1 special needs child (16) who will continue to necessitate extraordinary medical and educational costs. I’ve been married 24 years and I’m 53 with minimal earning capability, my soon-to-be ex is the same age and has been gainfully employed throughout the marriage. I am the primary caretaker for our son. STBX will not agree to anything above 50/50 split for educational-related costs. For example: we’re retaining a special ed attorney to deal with our school district to get funding for private placement for our son who has substantial learning disabilities.

Asked on June 18, 2012 under Family Law, Virginia

Answers:

Brad Micklin / The Micklin Law Group

Answered 9 years ago | Contributor

Basic child support issues are resolved by employing the use of New Jersey's child support guidelines.  These guidelines are a predetermined mathematical calculation that takes both parties' income and determines what the noncustodial parent's share of child support.

These guidelines have an addition for ongoing and extraordinary medical costs. I believe the medical and educational needs you described fit within this category. As such, the court may add the reoccurring cost into the weekly child support amount so you received the other spouse's contribution to the costs on a weekly or biweekly basis.


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