Tuesday, June 12, 2012

Does my ex have to pay for private school for the kids?


The court ruled in Gelman v. Gelman, 24 So.3d 1281 (Fla. 4th DCA 2010) that it was :
ERROR TO REQUIRE HUSBAND TO PAY CHILDREN'S PRIVATE SCHOOL TUITION WHERE WIFE'S COUNTER-PETITION DID NOT CONTAIN REQUEST FOR TUITION, HUSBAND DID NOT AGREE TO PAY AND COURT DID NOT MAKE FINDINGS AS TO ABILITY TO PAY AND WHETHER SUCH EXPENSES WERE IN ACCORD WITH CUSTOMARY STANDARD OF LIVING AND IN THE CHILDREN'S BEST INTERESTS. 
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."

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