Private school tuition included in the property settlement agreement?
July 25, 2011 1 Comment
You are preparing a property settlement agreement for a client and the issue of schooling comes up. You review your old forms and incorporate the following provision:
School and Extracurricular Expenses. Husband and Wife shall each be
responsible for one-half (1/2) of all school and extracurricular expenses
incurred by the minor child including but not limited to the cost of books,
activity fees, lab fees, school uniforms, tuition, and sports equipment.
Husband shall pay on August 1 and January 1 of each year, the sum of $150.00
toward the cost of new clothes for the minor child.
Does that include private school for the child or is that provision for college? According to the Mississippi Court of Appeals July 19 decision in McLeod v. McLeod, NO. 2010-CA-00944-COA, that provision includes private school.
Take the time to read over your documents and triple check any forms you use. If private school or college is being agreed upon, say so in plain terms and rather that forcing the courts to decipher the intent of the parties.