Posted by Nydia Streets of Streets Law in Florida Child Support

Can a parent be required to pay private school tuition in a Florida child support case? Private school tuition is separate from child support, and whether or not a parent would be required to pay it depends on factors such as whether a parent historically paid it and whether a parent has the ability to afford it. This was an issue in the recent appellate case Maali v. Maali, 5D20-53 (Fla. 5th DCA March 5, 2021).

The trial court entered a final judgment of dissolution of marriage which, among other matters, resolved child support issues. The former husband was required by the order to pay the children’s private school tuition and to pay rehabilitative alimony to the former wife. In calculating the former husband’s child support obligation, the trial court did not deduct from the former husband’s gross income the amount he was required to pay to the former wife as alimony. The former husband appealed.

On the issue of private school tuition, the appellate court found it was error for the trial court to require the former husband to pay where (1) his parents historically paid the tuition, and (2) where the former husband was ordered to pay alimony, child support, and the housing expenses for the parties' marital home, the record did not reflect he also had the ability to afford private school tuition on top of these other obligations. The appellate court also found it was error for the trial court not to deduct the alimony being paid by the former husband from his income in the child support calculations. The case was therefore remanded for the trial court to remedy these errors.

Accurate calculation of child support in Florida requires analysis of more than just the incomes of the parents. To understand what considerations go into calculating support, schedule a consultation with a Miami child support lawyer.