Dad Must Pay Private School Tuition, Despite Mom’s Unilateral Choice
Tennessee child support modification case summary on private school tuition.
Kimber Keplinger Bastone v. James Michael Bastone
Dad Must Pay Private School Tuition, Despite Mom’s Unilateral Choice
The mother and father in this Hamilton County, Tennessee, case were married in 2005 and divorced in 2013. They were the parents of three children. The permanent parenting plan was modified one time, and under the modified plan, the mother was named the primary residential parent, with the father enjoying 145 days per year of parenting time. Both parents had joint decision-making authority, and the father was to pay $1562 per month in child support. The parenting plan also specified the school the children were to attend.
In 2018, the mother came back to court requesting an increase in child support. The father countered by alleging that the mother was in contempt for unilaterally changing the children’s schools. The oldest child was enrolled at a private school, and was registered for extracurricular activities under the mother’s maiden name.
A trial was held. The mother retained her status as primary residential parent, but the father was awarded 182 days per year of co-parenting time. The court approved the change of school, and initially ordered the father to pay 60% of the tuition as additional child support. This was ultimately reduced to 50%.
The mother also requested that the next child could be moved to the same private school upon completion of the fifth grade. The trial court ultimately permitted the change, but did not hold the father responsible for any of the tuition. The third child was to remain in public school unless the parties agreed otherwise.
The father then appealed to the Tennessee Court of Appeals. In assessing the correctness of the increased support order, the appeals court first turned to the issue of whether there had been a material change of circumstances. Because of the dispute, the court found that this test was met. It then turned to whether the change was in the best interest of the children. Even though the trial court found that the mother should have not unilaterally made the decision, the court found that the child was doing very well at the new school. She had been at the new school for over a year and a half by the time the case came to trial. After reviewing all of the factors, the appeals court agreed with the lower court that the change was in the child’s best interest. It then turned to the issue of the father’s financial obligation for the tuition.
The father argued that the mother’s unilateral decision to enroll the girl negated his financial responsibility for the decision. The court considered this factor, but found that it was outweighed by how well the child was doing. The appeals court found that the lower court had appropriately weighed the factors. Therefore, it affirmed the need for an upward departure.
The appeals court, however, did adjust the amount of the departure. It held that the lower court’s ruling did not completely take into account the possibility of financial aid.
The appeals court also affirmed the lower court’s ruling with respect to the second child’s school.
For these reasons, the Court of Appeals affirmed the lower court, after modifying the judgment.
No. E2020–00711-COA-R3-CV (Tenn. Ct. App. Apr. 30, 2021).
See original opinion for exact language. Legal citations omitted.
To learn more, see Child Support Modification in Tennessee | How to Modify Child Support and Private School Tuition in Tennessee Child Support Laws.
See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring actual examples of parenting plans and child support worksheets from real cases available on Amazon.com.
