In a divorce action in Florida, private school tuition will be awarded as an incident of child support if the parties have the ability to pay for private school tuition, the expense is in accordance with parties’ standard of living, and private school is found to be in children’s best interests. In a recent Florida Court of Appeal decision captioned Brennan v. Brennan, the Florida Court of Appeals dealt with this issue.
In a divorce case captioned Brennan v. Brennan, the Florida Court of Appeal stated that: “A trial court is permitted to require a noncustodial parent to pay for private school only if it finds: (1) the parent has the ability to pay for private school, (2) the expense is in accordance with the family’s established standard of living, and (3) attendance is in the child’s best interest. Gelman v. Gelman, 24 So. 3d 1281, 1283 (Fla. 4th DCA 2010). Where the trial court has failed to make each of the required factual findings, reversal is required. McDanielv. McDaniel, 835 So. 2d 1265, 1268 (Fla. 1st DCA 2003).”
To speak with a divorce attorney in Wellington, FL, contact Matthew Lane & Associates, P.A. at (561) 651-7273.