DocketNumber: No. FA90 0111320
Citation Numbers: 1996 Conn. Super. Ct. 3200
Judges: HARRIGAN, JUDGE.
Filed Date: 4/11/1996
Status: Non-Precedential
Modified Date: 7/5/2016
The defendant urges the court to treat the cash payments CT Page 3201 pursuant to the unallocated alimony and child support order as unrelated to the parties' financial responsibilities for the education of their children. If this proposition is accepted, then the defendant, relying on Avella v. Avella,
The April 4, 1994 order provided for an 80%/20% division for:
"a. Private school tuition for Jared and Brett b. Room and board for Jared c. Laundry, books, school trips, and school store charges d. Necessary transportation for Brett e. Dental expenses for minor children"
In entering that order the court at that time was obliged to consider the factors set out in §
"In determining whether a child is in need of maintenance and, if in need, the respective abilities of the parents to provide such maintenance and the amount thereof, the court shall consider the age, health, station, occupation, earning capacity, amount and sources of income, estate, vocational skills and employability of each of the parents, and the age, health, station, occupation, educational status and expectation, amount and sources of income, vocational skills, employability, estate and needs of the child."
One of the elements is the "educational status and expectation" which in this case includes private schooling.
The court cannot characterize the order as anything but an expansion of the plaintiff's child support obligation. The court is satisfied that Borkowski v Borkowski,
The court, having reconsidered the issue, declines to reverse its ruling and considers its position clarified.
HARRIGAN, JUDGE CT Page 3202