Private education as a discretionary.
The California Family Code sets forth a mandatory formula for child support that theoretically takes into account each parent’s “circumstances and station in life” and “ability to pay” child support. Educational costs for a child are deemed discretionary rather than mandatory. This requires a party’s counsel to make a convincing argument that the private school tuition should, or should not, be paid.
Length of Attendance: How long has the child been attending the school? Alternatives: Where would the child attend school if he or she did not attend the private institution? Can each parent, or one high-earning parent, pay the tuition and still continue to pay for mandated child support and other expenses he or she may have? As a result, nonessential expenses, like private education, must be eliminated.
Allocation of private educational costs.