L A W
Divor ce and
Private Schoo l Tuition
By K. Dean Kantaras and Jennifer H. Cavill
THE AMOUNT OF CHILD SUPPORT
awarded in any case is governed by
Florida Statute §61.30, based upon
both parties’ incomes and the number of
overnights each parent has with the child,
among other things. Often included in the
child support guidelines are expenses for
child care and the child’s out-of-pocket
medical expenses. The Court may also
include private school tuition as an expense
in the child support guidelines. “Section
61.30(11)(a)(11) provides that the court can
also make “any other adjustment that
is needed to achieve an equitable result
which may include, but not be limited to a
reasonable and necessary existing expense
or debt.” Courts have long held that private
school tuition may be awarded as part of
child support if private schooling is part of
the family’s customary standard of living.
Gilroy v. Gilroy, -- So.3d –(Fla. 2nd DCA
April 29, 2015.)
However, a parent cannot be required
to contribute to a child’s private schooling
expenses unless the trial court finds:
“(1) the parties have the ability to pay
such expenses, (2) the expenses are in
accordance with the customary standard of
living of the parties, and (3) attendance at
private school is in the child’s best interest.”
Bell v. Bell, 811 So. 2d 833, 834 (Fla. 2nd
DCA 2002); citing Musser v. Watkins, 752
So.2d 141, 142 (Fla. 2nd DCA 2000).
Therefore, if the child had never
attended private school during the
marriage, but a parent wants the child
to attend private school after a divorce,
it is unlikely that a Court will order the
cost of private school to be included in
the child support guidelines, since the
expense was not in accordance with the
customary standard of living during the
marriage. Furthermore, if public school
provides the appropriate programs and
curriculum for the child, private school
expenses may not be included in child
support. “Where it cannot be shown that
DCA 2010). See also Wilson v. Wilson, 559
So.2d 698 (Fla. 1st DCA 1990).
Furthermore, when parties agree
that one parent will pay for the child’s
private school education, the Court may
consider payment of this expense as a child
support obligation which is enforceable
by contempt of Court if the paying parent
discontinues paying the expense. See Fox
v. Haislett, 388 So.2d 1261, 1264-65 (Fla.
2nd DCA 1980). Ultimately, the primary
consideration of the Court is what is in
the child’s best interest. If private school
education is in the child’s best interest,
the Court will consider all of the evidence
before it to enter a child support obligation
to meet the child’s needs. For more
information, contact K. Dean Kantaras, P.A.
9
EDITOR’S NOTE: K. Dean Kantaras has
been licensed to practice law in Florida for over
nineteen years. Mr. Kantaras is the managing
partner of K. Dean Kantaras, P.A., a firm
handling cases in family law and immigration.
Mr. Kantaras is board certified in marital and
family law by the Florida Bar, a distinction
held by less than one percent of all attorneys
licensed to practice in Florida. He is “A” rated
by Martindale-Hubbell, the highest possible
rating. He is a member of the Supreme Court
of the United States, the United States Court
of Appeals for the 11th Circuit and Middle
District, The Florida Bar, and the Clearwater
Bar Association. His offices are located at
3531 Alternate 19, Palm Harbor, 34683,
(727) 781-0000 and 1930 East Bay Drive, Largo,
33771, (727) 544-0000. www.Kantaraslaw.
com. Jennifer Cavill, Esq. is an Associate
Attorney at the firm. She is a member of the
Florida Bar, the United States District Court-
Middle District of Florida, Clearwater Bar and
St. Petersburg Bar Associations and Canakaris
Inn of Court.
K. Dean Kantaras, Esq.
private schooling is in accordance with
the family’s customary standard of living,
or that the child has some special need
which cannot be adequately fulfilled by
the public schools, payment of private
school expenses should not be ordered.”
Wilson v. Wilson, 559 So.2d 698 (Fla. 1st
DCA 1990).
Additionally, although a child may
have attended private school during
the marriage, the expense may be
unsustainable post-divorce. In most cases,
two households must now be maintained
instead of one, requiring paychecks to
stretch farther than before. This often times
results in the inability to afford private
schooling. However, “A court may order
a noncustodial 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.”
Gelman v. Gelman, 24 So.3d 1281 (Fla. 4th
128 TAMPA BAY MAGAZINE SEPTEMBER/OCTOBER 2015