In a divorce or child custody case, Maryland law authorizes a judge to order each parent to contribute a proportionate share of their respective income to “any expenses for attending a special or private elementary or secondary school to meet the particular educational needs of the child.” The Maryland Court of Special Appeals has said that “particular educational needs” does not just cover situations in which a child has special needs; it can cover other situations in which a child may attend a private elementary or secondary school.

The Court outlined several factors for trial judges to consider when making such a determination, including the child’s educational history of attending a private school, their performance while in such a school, any “family tradition” of attending a particular private school, and whether the parents agreed to send the child to private school prior to divorce.

Here is a recent example of how judges apply these factors. In Sherbert v. Seymour, a mother and father of three sons filed for divorce in Calvert County. The parties were able to resolve their financial and child custody issues, and a Circuit Court judge incorporated their settlement into a final divorce decree in 2012.

Sometime after the divorce, the mother decided it would be best to move one of the children into a private school. The child had been attending public school in Anne Arundel County. But the mother observed the child struggling with reading. Later, the child received a dyslexia diagnosis. The mother felt a particular private school, one which focused on students with learning disabilities, would be a better environment for the child.

The father opposed moving the child to private school. Nevertheless, the mother exercised her authority as the child’s primary decision-maker to enroll him in the private school. The mother then asked a judge to modify the existing child support obligations and require the father to contribute to the costs of the private school.

After considering all of the relevant factors discussed above, the judge declined to consider the private school tuition as part of a larger order revising the father’s child support obligations. The mother appealed. But the Court of Special Appeals agreed with the trial court’s decision.

Looking at the factors, the Court of Special Appeals noted that the child’s academic performance had improved in the private school. But the family lacked any history or tradition with private education, and the mother’s decision to remove the child from public school was made after the divorce and over the father’s objections. The trial court was also concerned that the parents’ combined income was not enough to pay for the private school’s tuition without financial assistance. Finally, the father pointed out that despite his son’s improved academic performance, his ’social life had been adversely affected … because he did not have classmates living nearby and was no longer involved in sports.”

Taking everything into account, the appellate court said the trial court acted within its discretion in declining to order the father to contribute towards the son’s continued private school education.

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Source:

https://www.courts.state.md.us/sites/default/files/unreported-opinions/1041s20.pdf