Extra Expenses at the Start of the School Year: Who Should Pay?

Introduction

The beginning of the school year is always marked by extra expenses that go beyond a child's daily needs. Between tuition, school supplies, uniforms, and fees, these costs can become a point of conflict between parents, especially when there is no clarity about who is responsible for paying them. This issue, often overlooked when determining child support or drafting legal agreements, is crucial to avoiding disputes and ensuring the child’s well-being.

Who Should Pay for School Expenses?

School expenses, such as tuition, school supplies, and uniforms, are generally included in child support payments. The Brazilian Civil Code, in Article 1.694, establishes that parents’ duty to support their children includes covering all necessary expenses, including education. However, so-called extraordinary expenses—such as enrollment fees, field trips, extracurricular activities, and unexpected tuition increases—can raise questions about how costs should be divided between parents.

In practice, determining who pays for what depends on a prior agreement between the parties or a court decision. It is common for the non-custodial parent to contribute a higher percentage toward extraordinary school expenses, especially when their financial condition allows it.

The Importance of detailed Agreements

One of the main challenges is the lack of specificity in agreements or court decisions that establish child support. Many agreements only cover ordinary expenses and fail to address extraordinary expenses, which can lead to legal disputes.

It is essential for agreements or rulings to clearly specify:

• Which expenses are included in child support payments (e.g., food, clothing, housing, and basic education).

• How extraordinary expenses—such as enrollment fees, school supplies, and extracurricular activities—will be divided between parents.

  
  

Additionally, agreements should include a requirement for proof of these expenses to avoid future disputes over the legitimacy of the amounts claimed.

What happens if there is no agreement?

In the absence of an agreement or a specific clause in the court ruling, the custodial parent can file a lawsuit to seek reimbursement for extraordinary expenses. In such cases, it is essential to present receipts and demonstrate the necessity of the expenses.

Courts generally rule that both parents should share extraordinary expenses, considering each parent's financial ability. Consequently, the parent with a higher income may be required to cover a larger portion of the costs.

Conclusion

School expenses, particularly extraordinary ones, are a reality that requires planning and open communication between parents. To avoid conflicts, it is essential to detail how these expenses will be divided in child support agreements or court rulings, always with the assistance of a specialized attorney.

Family Law prioritizes the best interests of the child, and ensuring that their educational needs are met fairly and responsibly is an obligation for both parents.

💡 Tip: Always consult an attorney when drafting, defending, or reviewing a child support action. The division of these expenses is often overlooked but can prevent conflicts in the future.

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