Expenses for the Minor Children, Not Ordered by the Court

There is no denying that children are expensive. However, the court only has authority to order parents pay for certain expenses for children. Below are some common additional expenses that parent can agree to share but the court cannot order either parent to pay.

Extracurricular Activity Costs

Especially in the Northern Virginia area, many children are involved in extracurricular activities and even travel leagues. These costs add up quickly and are often much higher than any child support award you might get in court. However, parents can agree to divide extracurricular costs, either in proportion to income or equally, to lessen the burden on one parent from incurring the entirety of these costs, especially if both parents support the children in these activities. An agreement to split these costs should be explicit and define what expenses are being divided, including if the activity must be mutually agreed upon, if gear and equipment are also being shared, and if this includes hotels and transportation costs for travel leagues.

Vehicle Costs and Car Insurance

Upon a child turning 16, many parents want their children to have access to a vehicle to allow them to transport themselves to and from school, their job, and their extracurricular activities. While you can agree to divide the costs of a vehicle and the corresponding car insurance, a court does not have the authority to order these costs be shared. If your child is young, it may not be advantageous to you to agree to divide these costs as you cannot predict your financial position when your child reaches driving age. This can always be reevaluated and agreed to with your coparent closer to your child turning 16.

Private School Tuition Costs – with exceptions

Typically, the court will not order that parents divide private school tuition costs. However, there are certain exceptions to this. If your child has learning difficulties and needs specialized education services, this can be a reason that the court will order that this cost be shared by the parents. If your child or children have historically been enrolled in private school, this could be another reason why the court may order that this cost be shared. In making this determination, both parents’ financial situations will be considered and if one parent does not have sufficient income to cover these costs, this can be used to argue against these costs being shared by both parents.  

Expenses After Emancipation

Parents only have a legal obligation to cover expenses for children so long as they are minors. Children are considered minors until they turn 18 years old, unless they have not yet graduated from high school. This means that all expenses that parents are legally obligated to pay for while the children were minors end upon their emancipation, including their health insurance coverage cost and unreimbursed medical expenses.

College Tuition

As noted above, parents do not have a legal obligation to cover expenses for children once they emancipate, which includes college tuition. If either parent has a 529 account, parents can agree that these funds will be used for the children’s college tuition. Parents can also agree to share the cost of college tuition. If this is something you are agreeing to, it is important to ensure that the language within the agreement specifies if there is a cap on how much you both will pay, if this is for undergraduate tuition only or includes graduate school, and if this is limited to tuition only or includes room and board or textbooks.