If you're going through a divorce in Texas and your child attends — or you want them to attend — private school, one of the first questions you're probably asking is: Will child support cover it?
The short answer is no, not automatically. But that doesn't mean you're out of options.
Here's what Texas parents actually need to know.
Standard Texas Child Support Doesn't Include Private School Tuition
Texas child support is calculated using a percentage of the paying parent's net monthly income — 20% for one child, 25% for two, and so on under Texas Family Code Chapter 154. That money is intended to cover the basics: food, clothes, housing, and routine health costs.
Private school tuition isn't included in that calculation. It's treated as an additional educational expense, separate from the standard support obligation.
That means if you're expecting the other parent to chip in for tuition based on child support alone, Texas law won't automatically make that happen.
When Can a Texas Court Order Private School Payments?
Here's the good news: courts can order a parent to contribute to private school expenses under the right circumstances. Judges have discretion in these cases, and they always look to the best interests of the child as their guiding standard.
Courts are most likely to step in when:
- Your child was already enrolled in private school before the divorce. Stability matters, and uprooting a child from their school community is something Texas judges take seriously.
- Your child has special educational needs that can't be met by a public school — things like specialized learning programs, smaller class sizes, or services the local district doesn't offer.
- Both parents have the financial ability to share the cost without undue hardship.
- Both parents previously agreed to private school, either verbally, in writing, or through past behavior.
If none of these factors apply, it becomes much harder to get a court to impose private school costs on a parent who objects.
What If You and Your Ex Disagree about private school or school options?
This is where things get complicated — and where having a good attorney makes all the difference.
If you share educational decision-making authority with the other parent (which is common under Joint Managing Conservatorship in Texas), you both have a say in where your child goes to school. If you can't agree, a judge may have to decide.
The parent pushing for private school generally carries the burden of proof. You'll need to show why it serves your child's best interests — not just that you prefer it.
Before heading to court, many families try mediation first. It's faster, cheaper, and often produces more lasting agreements than litigation.
The Most Important Thing You Can Do: Address School Options in Your Divorce
Whether you and your ex agree on private school or not, the time to lock it down legally is during your divorce — not after.
A well-drafted divorce decree or parenting plan can spell out:
- Whether your child will continue in (or enroll in) private school
- How tuition and fees will be split between parents
- Who has the authority to make school-related decisions
- How annual tuition increases will be handled
- What happens if one parent can no longer pay their share
Leaving these questions open is a common mistake that leads to expensive, emotionally draining disputes down the road.
Already Divorced? You May Still Have Options about Educational Decisions
If private school wasn't addressed in your original order, you may be able to seek a modification — but only if you can show a substantial change in circumstances, such as your child's first enrollment in private school, a significant change in income, or a newly identified educational need.
You also have enforcement tools if the other parent agreed to pay but isn't following through. Court orders on educational expenses can be enforced through contempt proceedings, wage withholding, and more.
