Law4u - Made in India

Does Private Schooling Impact The Child Maintenance Amount?

Answer By law4u team

Education is an essential element of a child’s overall development, impacting their future opportunities and well-being. Courts in India acknowledge that a child’s right to education includes access to appropriate schooling that sustains or improves their standard of living. Private schooling generally involves higher fees, extracurricular costs, and other associated expenses compared to government schools. When parents seek child maintenance, the cost of private schooling becomes a significant consideration in determining the maintenance amount. However, courts strive to balance the child’s best interests with the paying parent’s ability to afford such expenses. They examine factors such as the income and financial commitments of the paying parent, the child's accustomed lifestyle, the quality of education, and the necessity of private education in the child's context. The court’s ultimate aim is to ensure that maintenance awards are reasonable, fair, and primarily geared towards the child’s welfare without imposing undue hardship on the payer.

Legal Framework and Court Approach

Best Interest of the Child:

Courts give paramount importance to the welfare of the child, including educational needs, when deciding on maintenance.

Inclusion of Educational Expenses:

Maintenance can cover tuition fees, admission fees, uniforms, books, transportation, and extracurricular activities associated with private schooling.

Assessment of Financial Capacity:

The paying parent’s total income, assets, liabilities, and other dependents are considered to ensure maintenance is fair and sustainable.

Maintaining the Child’s Standard of Living:

Courts aim to maintain continuity in the child’s schooling and lifestyle, especially if private schooling was already in place before separation or divorce.

Judicial Discretion and Flexibility:

Judges evaluate each case based on facts, with discretion to adjust maintenance if the payer cannot afford high private school fees or if alternatives are available.

Legal Precedents:

Indian courts have held in various rulings that denying children access to quality education by limiting maintenance is against the child’s rights.

Practical Advice

Parents should submit comprehensive documents such as fee receipts, school admission letters, and expense records to justify higher maintenance requests.

If the paying parent contests private schooling costs, mediation or negotiations may help arrive at a mutually agreeable amount.

Consideration can be given to phased increases in maintenance as financial conditions improve.

Example:

A father and mother are divorced, with the mother having custody of their 12-year-old child enrolled in a reputed private school. The mother requests child maintenance that covers school fees, transport, books, and extracurricular activities. The father, with a moderate income, challenges the amount, suggesting a government school as an alternative to reduce costs. The court reviews the child's previous schooling history, noting that the child has consistently attended private school, and that shifting to a government school could negatively impact the child’s education continuity and well-being. After assessing the father’s financial statements, the court orders maintenance that accommodates private schooling costs but slightly reduces certain optional extracurricular expenses to balance the father’s financial constraints. This ensures the child’s education is secured while keeping the maintenance reasonable and sustainable for the father.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Amit Kumar Srivastava

Advocate Amit Kumar Srivastava

High Court, Criminal, Anticipatory Bail, Arbitration, Cyber Crime, Cheque Bounce, Civil, Family, Court Marriage, Divorce, Child Custody, Domestic Violence, Landlord & Tenant, Consumer Court, Medical Negligence

Get Advice
Advocate Arun Bhardwaj

Advocate Arun Bhardwaj

Criminal, Cheque Bounce, Divorce, Family, Child Custody

Get Advice
Advocate Pratyush Prakash Singh

Advocate Pratyush Prakash Singh

Banking & Finance, Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Insurance, Motor Accident, Property, Succession Certificate, Tax

Get Advice
Advocate Kamlesh Solanki

Advocate Kamlesh Solanki

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,Landlord & Tenant,Motor Accident,Property,Recovery,Succession Certificate,Wills Trusts,

Get Advice
Advocate Manidharan G

Advocate Manidharan G

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Bhuvnesh Bhardwaj

Advocate Bhuvnesh Bhardwaj

Cheque Bounce, Child Custody, Divorce, Domestic Violence, Criminal

Get Advice
Advocate Abhijit Kumar

Advocate Abhijit Kumar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, Succession Certificate, Tax

Get Advice
Advocate Anupam Singh

Advocate Anupam Singh

Cheque Bounce,Consumer Court,Motor Accident,Family,Divorce,

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.