In Re: Andrea A. R.

Case Number
M2011-00574-COA-R3-JV

Father appeals an order of the juvenile court requiring Father to pay private school tuition as an upward deviation from the presumptive child support amount, which more than doubled his child support obligation. We have determined that the trial court erred by ordering an upward deviation for private school tuition without first determining whether the extraordinary educational expense was appropriate based upon the parents’ financial abilities and the lifestyle of the child and by failing to make the requisite findings of fact to establish that Father has the abilityto payall of the tuition in addition to the presumptive child support. Therefore, we reverse the upward deviation for private tuition and remand the issue of the extraordinary educational expense to the trial court to make the requisite findings to determine, inter alia, whether private schooling is appropriate based upon the facts of this case and, if so, to determine which parent pays what portion of the private school tuition and costs.
 

Authoring Judge
Judge Frank G. Clement, Jr.
Originating Judge
Judge Betty Adams Green
Case Name
In Re: Andrea A. R.
Date Filed
Dissent or Concur
No
Download PDF Version