Can the court order a child's father to pay for private high school when he is not able to afford the cost? The father pays 85% of the child support from worksheet, 100% of dental and medical expenses including insurance. Father spends approximately 40% of the time with children and has joint physical and legal custody and mother has residential custody. Father did not agree to pay private high school expenses but has paid for private grade school for children. Expense of private high school is 4 times that of grade school.
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Kansas. Generally private school will only be ordered if the child is in need of the private schooling and there are no other options or there has been consent of the parties. Ability to pay is a factor that the court will generally consider in making a decision regarding payment of the tuition.