Aug 17, 2022

Custody and Support Implications in a New School Year

With September and the start of another school year fast approaching, separated and divorced parents face some challenges that intact families may not. Before you buy school supplies and have your children board the bus, have you considered the following questions?

Legal Custody
Legal Custody is defined as the right of parents to make decisions about the best interests of their children including decisions about education, religion, medical needs, etc. Where legal custody is shared between the parents, the parents must work together to reach decisions that are in the best interests of the child(ren). Decisions regarding enrollment in a school within the appropriate school district or private school, educational decisions and individualized educational plans, tutoring, participation in extra-curricular activities and sports, emergency contacts, etc. Will any of your children be starting school for the first time or starting in a new school in the fall? And if so, have you obtained your co-parent’s consent? Parents need to work together to reach decisions and find a way to communicate effectively to keep each other informed regarding ongoing legal custody issues.

Physical Custody
Physical Custody is controlled by the agreement or Order that determines where the child(ren) physically reside during the year and the specific schedule that the parents follow to implement that agreement/order. The agreement or Order may detail where, when, how custody exchanges of the children occur and other transportation issues, what the plan is if school is out for inclement weather or emergency, care for the ill child, and whether or not a parent may pick up the child from school outside of their custodial time. Additionally, now that your child(ren) is/are another year older, what worked well in the past may no longer be the best arrangement. A written agreement or Court Order for Custody is essential to avoid parental conflict and may be appropriate to provide to the school for implementation.

Child Support
Child Support is the obligation of one party to the other custodian of the child(ren) for financial support. Where physical custody is shared on an equal basis, child support is the obligation of the parent who has the greater earnings or earning capacity. The start of the school year may lead to a need to modify a child support agreement or Order. If the physical custody schedule has changed due to a new school, that maybe a reason to modify child support. Additionally, if you have a support order entered before 2022, it likely does not include extracurricular activities. If you have expenses related to your child’s extracurricular activities that are not being shared by your co-parent, it may be time to modify your support order to include those activities.

Have you and your co-parent discussed/agreed upon childcare plans or the need for before or after school care and resolved how to address any additional costs? Is there a plan for next year’s summer camp? If so, which parent has the responsibility for the costs of those plans? If the costs are shared, what percentage does each parent pay, and do they pay it to the provider or to the other parent? Is there a way to enforce this payment? Will there be new or increased tuition costs? Do you need to consider modifying your support arrangements?

If you, or someone you know, may be affected by the information in this legal alert, please contact Abigail Bukowski at Eastburn and Gray. To learn more about Eastburn and Gray and our Family Law practice group, please visit the firm’s website,

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