- 08-Aug-2025
- Marriage and Divorce Laws
When a child has special educational needs (SEN), the costs associated with their education and related services can be substantial. In child support cases, one of the most important considerations is whether the special education costs should be included as part of the child’s maintenance obligations. The courts aim to ensure that the educational needs of the child are met, and in such cases, the financial capacity of both parents is also a determining factor. Courts typically prioritize the child’s welfare and will make orders that ensure the child has access to the necessary educational resources.
Under Section 125 of the CrPC, a court may order child support that includes not only basic living expenses (such as food, shelter, and clothing) but also medical expenses, which may encompass special educational needs. Though Section 125 doesn't explicitly mention special education, the law mandates that the best interests of the child should guide the court’s decisions, which includes considering the child's specific needs for education. If a child requires specialized education, courts may direct one or both parents to contribute to those expenses as part of maintenance.
This section outlines the duty of parents to provide for the maintenance of their children, including the provision of education. If a child requires special education, this falls under the umbrella of basic education. Therefore, the court may order the parents to contribute toward the cost of specialized educational services as part of their maintenance obligation.
Family courts have the discretion to include special education costs as part of child support in cases where a child’s special educational needs are clear. The courts typically consider the financial capacity of both parents and the specific needs of the child when making orders related to special education.
The nature of the child’s special educational needs is a primary factor in determining whether those needs will be addressed through child support orders. Special education needs may include learning disabilities, autism spectrum disorder, attention deficit hyperactivity disorder (ADHD), or other developmental delays. Courts assess the degree of special education required—whether the child needs specialized schools, therapy, or other educational interventions—and whether these needs can be reasonably met within the existing child support framework.
Courts will also assess the financial ability of the parents to pay for the specialized educational services required by the child. If one parent has greater financial means, they may be ordered to contribute a larger share toward the costs of special education. On the other hand, if both parents have comparable financial situations, the costs may be divided in proportion to their respective incomes.
The court may take into account whether the child has access to government-sponsored special education programs or institutional support that can reduce the financial burden on the parents. In cases where special education services are subsidized or provided by the government, the parents’ financial responsibility may be adjusted accordingly.
If the child was already receiving special education services prior to the separation or divorce, the court may order the continuation of such services, especially if they are crucial for the child’s development. If both parents had been contributing to these expenses, the court may decide to continue this arrangement or modify it based on the parents’ financial situations.
As with all child support decisions, the best interests of the child are paramount. Courts will ensure that the child’s educational needs are prioritized, particularly if the child requires specialized education to thrive. Access to quality education, including special education, is considered an essential part of ensuring a child’s future success and well-being.
In cases where both parents are financially capable, the court may order them to share the costs of special education. The division of costs will depend on their respective incomes and their ability to pay. For instance, if one parent earns significantly more than the other, they may be ordered to contribute a larger portion of the special education expenses. This ensures that the burden is distributed fairly according to each parent's financial capacity.
If the non-custodial parent is ordered to contribute to the special education costs, it will typically be included in the child support order. If the non-custodial parent has a higher income or the child is living primarily with the custodial parent who incurs the educational expenses, the court may require the non-custodial parent to contribute to the tuition, therapy, or additional educational support services.
If the child’s special educational needs extend beyond tuition fees to include therapies (e.g., speech therapy, occupational therapy), specialized tutoring, or other services, the court may order both parents to contribute to these costs. The court will evaluate whether these services are necessary for the child’s development and whether both parents are capable of sharing the financial responsibility.
In cases where the child is eligible for government assistance for special education, the parents’ obligation may be adjusted. Courts may require the parents to contribute only the portion not covered by government schemes, ensuring the child still has access to appropriate education.
Let’s consider the case of Manoj and Reena, who are divorced and have a 7-year-old child named Simran. Simran has autism and requires specialized educational services, including a speech therapist and occupational therapy. Reena, the custodial parent, has been paying for the specialized education, which costs ₹15,000 per month, but is unable to cover all the expenses alone.
Manoj’s Financial Situation: Manoj earns ₹60,000 per month, while Reena earns ₹25,000 per month. Reena requests that Manoj contribute ₹10,000 per month towards Simran’s special education costs, as she is struggling to cover the expenses on her own.
Court’s Decision: The court recognizes that Simran’s special educational needs must be met to ensure her development. Based on Manoj’s higher income, the court orders him to contribute ₹8,000 per month towards Simran’s special education, while Reena continues to cover the remaining ₹7,000.
In this case, the court ensures that Simran’s educational needs are prioritized, and both parents contribute based on their financial capacity.
When a child has special educational needs, the cost of special education can be incorporated into child support orders in India. The best interests of the child remain the central concern, and courts typically require both parents to contribute to the child’s educational needs based on their financial capacity. This includes not only tuition fees but also additional costs such as therapy, specialized tutoring, and other necessary services. The court’s goal is to ensure that the child receives the appropriate education and support, while balancing the financial obligations of both parents.
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