Homeschooling increased at a dramatic rate during the pandemic, and remains at elevated levels even as the Covid-19 epidemic moves further into the rearview mirror. It’s no wonder with all the uncertainty that accompanied safely educating children during the pandemic years, and with how difficult it may be for some to convince their children, now used to the freedom of homeschooling, to return to the classroom.
But for those confronting a divorce, homeschooling may be a complicating factor. How should income be imputed to someone who has left their job behind to homeschool their children? Should homeschooling be seen as a temporary or a more permanent situation? What if alimony and child support is based upon homeschooling numbers, but then the child returns to school after the divorce? These are all important considerations in a New Jersey divorce involving homeschooling.
Homeschooling and Divorce Income Imputation
At its most basic level, homeschooling a child may not be considered all that different by a judge from being a stay-at-home parent. The argument will likely come down to income imputation. A stay-at-home parent generally argues that they should not be imputed income, as they have foregoing a career to take care of the house and/or children. The other side makes the argument that some level of income could still be earned.
Same here for a homeschooling parent, particularly one that left employment to take on the role. The attorney for the homeschooling parent can often credibly argue that the homeschooling parent has a full-time job, that of educating the parties’ child or children. The other side will make similar arguments regarding income imputation, with perhaps additional arguments pertaining to the duration of such homeschooling. Someone homeschooling for five years with middle school aged children may be treated differently by the judge from, for instance, someone who has only recently started homeschooling a junior in high school.
Homeschooling and Special Needs
The special needs of the children will also be considered. If the homeschooling parent is saving the family money that would otherwise be spent on private school, for instance, then that may be an argument that could sway a judge. But remember, the rise of homeschooling is recent, and judges are, by their very nature, people who work full-time outside of the home. They may not all have compassion for the unique situation of the homeschooling parent. It will be your job, and that of your attorneys, if you are a homeschooling parent, to credibly present the case as to why homeschooling is both necessary and lasting.
Conclusion
Homeschooling continues to be a common education model in New Jersey, and is therefore something family courts will need to address. Increasingly, any “stigma” associated with homeschooling has declined, and this will serve those seeking to continue to homeschool (or to homeschool) well in their New Jersey divorces.
