Private School

[unclerico]

Hello

My Wife and I are in the process of filing a 13. We are in SE Michigan. Or BK atty said that including our daughters private school will probably no be able to be included in the budget. We are staying in our house and the schools here are horrible. The current monthly school payment is 705.00 per month! Has anyone in MI had success with keeping private school in the budget?

[rrockinggramma]

this isn't exactly the same as your situation but my daughters were able to claim their tuition expenses in their chapter 7's (college). So I would get on the phone and contact other attorney's and ask that question of them. If you get the same answer, then indeed the answer will be no. My bet is in a chapter 13 you can continue to send to a private school but not deduct it from your expenses, especially when free school of choice is available.

I am assuming you live in an urban area but am curious if school of choice might not be a better option for you at this point. It is free although you are responsible for transport.

I have found school of choice program in Michigan to be a godsend.

Now if the school is a religious school and promotes your lifestyle and faith, then you might be able to argue that it is important to the upbringing of your children.

[unclerico]

this isn't exactly the same as your situation but my daughters were able to claim their tuition expenses in their chapter 7's (college). So I would get on the phone and contact other attorney's and ask that question of them. If you get the same answer, then indeed the answer will be no. My bet is in a chapter 13 you can continue to send to a private school but not deduct it from your expenses, especially when free school of choice is available.

I am assuming you live in an urban area but am curious if school of choice might not be a better option for you at this point. It is free although you are responsible for transport.

I have found school of choice program in Michigan to be a godsend.

Thanks for your reply. I am in ***ford (1 mile from Detroit) where only 1/2 of 12th grade students graduated last year. My wife and I are at odds about the school, my daughter has been there since preschool and now going into 3rd grade. I thought about making a religious argument regarding the matter since she has been there from at an early age.

If all else fails then your suggestion will be the next best thing.

[rrockinggramma]

since your daughter in only in 3rd grade and not in high school I believe the trustee will not be too sympathetic. She has plenty of time to make new friends etc. Although transport is an issue you are close to many many good schools. My son and daughter are out by 13 mile (roseville, warren) and Rochester hills. (21 mile?) I can sympathize with your plight. D is in a terrible mess right now with all the fraud and kickbacks that went on. It will take years to clean up that mess. But in the meantime you might want to be calling other districts to see if they have school of choice slots open in the elementary level (usually easier to get than in high school) The court allows tithing however and if your attorney is really good, might be able to argue that private school is tithing to the church. But GL with it!!