Ending a marriage is stressful enough, but the anxiety only grows when you must also figure out how to maintain your children’s high standard of living, especially when it involves private school tuition, specialized care and tutors. While these may not technically be “basic needs,” they are often essential considerations in a high net worth divorce.
Figuring out who pays for these complex expenses in Florida requires knowledgeable legal representation. At the Law Offices of Forrest & Forrest, PLLC, our experienced child support attorneys can help you understand Florida’s legal standards for including these expenses beyond the state’s basic guidelines.
Private school: The “best interest” test
Standard child support calculations in Florida generally do not include private school tuition. Florida law does not automatically require one parent to pay for this expense. A judge must review the facts of the case before ordering either parent to contribute to private school costs.
Florida courts apply the criteria established in case law, requiring findings that:
- The parent has the ability to pay for private school
- The expenses are in accordance with the family’s customary standard of living
- Attendance is in the child’s best interest
For example, if the child was already attending private school before the divorce, that may help establish the family’s standard of living. However, simply wanting a child to attend a private school is not enough.
Presenting compelling evidence for these factors is a complex legal challenge. We focus on showing the court why a particular school is truly necessary for your child’s well-being.
Child care, tutoring and extracurriculars
Expenses for nannies, tutoring and various school or travel activities are handled differently. Necessary work-related child care, including a nanny or day care, is an add-on expense under Florida Statutes. These “reasonable and necessary” costs are added to the basic child support obligation and then prorated between the parents in proportion to their respective shares of the combined net income.
For these expenses, the court may order a deviation from the guideline amount to achieve an equitable result under Florida Statutes, provided the costs are reasonable, necessary and consistent with the family’s prior lifestyle. A deviation greater than 5% must be supported by a written finding. Courts also review whether they align with the child’s best interest and the family’s prior lifestyle.
Disputes often arise over what is “reasonable or necessary” for the child. A detailed parenting plan should pre-approve these costs whenever possible. A skilled family law attorney can help you negotiate or litigate to protect your financial and parental interests. Our lawyers work to ensure that all child-related expenses are addressed correctly from the outset.
Prioritizing your child’s future
Florida courts consider extraordinary child-related expenses on a case-by-case basis. Courts must balance your child’s needs against both parents’ financial ability and prior lifestyle. Getting this right is critical for your children.
At the Law Offices of Forrest & Forrest, PLLC, our lawyers understand the nuances involved, and we commit to securing the best possible future for your child while protecting your financial interests. If your divorce involves complex child support expenses, call us at 954-859-1715 to discuss your situation. We can assist you in finding the best path forward.