Posted by Nydia Streets of Streets Law in Florida Child Support

Sometimes, a parenting plan is not clear on what expenses should be shared between parents outside of child support. Florida parenting plans include a designation of who makes decisions regarding the children’s education and health. They also usually include a split of who will pay for services related to these matters. When a parenting plan says the parents will split financial responsibility for “educational” expenses, does this include tutoring programs outside of school curriculum? This was an issue in the case T.W. v. T.H., 2D21-1069 (Fla. 2d DCA January 20, 2023).

The parties’ parenting plan gave the mother ultimate decision-making authority in all matters related to the children. It stated the father would be responsible for 70 percent of the cost of "uncovered medical, dental, psychiatric, counseling, insurance, day care, education, or other like expenses of the minor child", as well as 50 percent of extracurricular activities. The mother filed a motion for contempt alleging the father failed to pay his 70 percent share of Kumon expenses incurred. After a hearing before the general magistrate, the court found the agreement was not clear as to whether or not the Kumon expenses were included in the father’s responsibility for payments. The report of the general magistrate referred to the Kumon expenses as extracurricular in the main body, but referred to them as educational in a footnote. The father was not ordered to pay them at that time. Nonetheless, the mother later again filed a motion for contempt re-alleging that the father had not paid his share of the Kumon expenses. This time the trial judge found the father in contempt and awarded the mother prevailing party attorney’s fees. The father appealed.

The appellate court found there was some ambiguity in the parenting plan and it was not clear that the father was responsible for the Kumon fees. The court held “We agree with the father that he should not have been held in willful contempt for failing to pay 70% of the Kumon expenses. The magistrate deemed the Kumon expenses ‘extracurricular’ within the body of the March 2019 report and recommendations and treated those expenses as such. We are not persuaded that the incidental reference in a footnote to Kumon as an "educational program which teaches math and reading to children" suggests that the magistrate had a different intention. If anything, that would only further establish that there was an ambiguity about the type of obligation imposed upon the father.”

Schedule your meeting with a Miami family law attorney to understand how a court may interpret your Florida family law agreement.