Can the judge order private schools for children in a divorce?

             In the 2010 case of Gelman v. Gelman, 24 So.3d 1281, the Court ruled the Father can't be ordered to pay private insurance without proof he has the ability to pay. 

The trial court directed the Former Husband to pay the minor children's private school tuition. The District Court reversed:

1. "A court may order a non-custodial parent to pay for private educational expenses if it finds that the parent has the ability to pay for private school and the expenses are in accordance with the family's customary standard of living and are in the child's best interest."

2. "Former Husband contends that the trial court improperly ordered him to pay the children's private school tuition because Former Wife did not plead for the award and the trial court failed to make requisite findings of fact…."

3. "Former Wife's counter-petition did not contain a request for payment of private school tuition. Moreover, there is no record evidence establishing that Former Husband agreed to pay the tuition. Finally, the court did not make the requisite findings as to whether Former Husband has the ability to pay the tuition, and whether the private school expenses are in accordance with the family's customary standard of living and are in the children's best interest."  

This case shows that if your pleadings are not filed correctly, you could lose your award on appeal.  It is very important under Florida divorce law to plead very specific items in a divorce.  If you are considering a divorce in Ft. Myers, Florida, call my office for a free consultation.