Posted by Nydia Streets of Streets Law in Florida Child Support

Is a parent required to pay private school tuition in addition to child support in Florida? While generally, there is no obligation to put children in private school, a parent may be required to pay private school tuition if certain findings are made by the court. This was an issue in the case Boulos v. Boulos, 3D21-476 (Fla. 3d DCA February 9, 2022).

As part of the parties’ divorce in 2019, they left open the issue of continued private school education for their children. The parties agreed that if they could not reach an agreement on the issue of private school, they would defer to the court to make a decision about it. In 2020, the former wife filed a motion to compel the children’s continued attendance at a private school. After a hearing on the motion, the trial court granted the motion and required the former husband to pay 63% of the tuition. The former husband appealed.

The appellate court determined the trial court was correct in granting the former wife’s motion. The court held “We conclude that the trial court made appropriate findings consistent with Brennan v. Brennan, 122 So. 3d 923, 926 (Fla. 4th DCA 2013) (holding that the trial court must find: ‘(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’). These findings are supported by competent substantial evidence. Accordingly, we conclude that the trial court did not abuse its discretion in entering the challenged order.”

If a dispute about school is an issue in your Florida child custody case, schedule a consultation with a Miami child custody lawyer to understand how the law may apply to your case.