Per La. R.S. 9:315.6, by court order or consent of the parties, certain other expenses incurred on behalf of the child may be added to the basic child support obligation. Private or special elementary or secondary school tuition, books, and supplies may be included provided that the school is necessary to meet the needs of the child.1 Transportation expenses to get the child from one party to the other may be included on this line.2 These expenses may also include extracurricular recreational activities such as dancing lessons, baseball, or gymnastics, but the activities have to “enhance the health, athletic, social, or cultural development of the child.”3 The parent seeking to include the expense(s) has the burden of proof.4
In Guillory v. Ventre, the court compared what the private school can provide the child to what public schools can provide to address the same educational need.5 Private school tuition can be added to the basic child support obligation where the children had always attended private school and the family always had adequate income to pay for such tuition.6 Another instance is when the parties have agreed to private schooling prior to separation or prior to the matter coming to court.7 But the party attempting to include the expense should provide evidence of the child’s educational need or the historical context for the child’s attendance.8
- 1La. R.S. 9:315.6(1). Although older cases required a “particular educational need,” the statute was amended in 2001 to require only that the schooling meet “the needs of the child.” Short v. Short, 11-CA-3 (La. App. 5 Cir. 10/25/11), 77 So. 3d 405.
- 2La. R.S. 9:315.6(2).
- 3La. R.S. 9:315.6(3).
- 4See Basile v. Basile, 2004-25 (La. App. 3 Cir. 5/12/04), 872 So. 2d 1274.
- 5610 So. 2d 1056 (La. App. 3 Cir. 1992).
- 6See Valure v. Valure, 96-1684, p. 2 (La. App. 1 Cir. 6/20/97), 696 So. 2d 685, 687.
- 7La. R.S. 315.6 (allowing inclusion of private school expenses “[b]y agreement of the parties”).
- 8Valure, 96-1684, p. 2; 696 So. 2d at 687.