Divorce: Extraordinary Child Support for Louisiana

Let's say that Dan and Lisa are married for fifteen years before contacting divorce lawyers about ending their marriage. They have one child together: Tina. Tina is twelve years old. Lisa is named the custodial parent of Tina, because Dan works and travels often. As part of the child custody arrangement, it is agreed that Dan will pay Lisa child support.

Let's fast forward two years. Tina is doing great. She has a lot of really neat hobbies, including writing. Actually, she was just awarded the opportunity to attend a very exclusive writing conference for young writers in Middlebury, Vermont. This is an exclusive workshop only offered to a small selection of students who qualify for the award by competing in a writing competition. The conference is not free however, and it costs a few thousand dollars. Tina really hopes that she can go nonetheless.

In addition to the writing conference, Tina has also been having success in scholastics. She recently decided that she wants to transfer from her town's local public school to the very exclusive private school a short distance away. She already took the entrance exams and scored very, very well. After talking with a guidance counselor from the private school, Tina and Lisa learn that Tina's admittance at this point is only a formality; she has all the grades and test scores to join immediately. The tuition, however, is pretty high for the private school.

Now let's say that Tina and he father Dan really have not been getting along so well since the divorce. To be fair, part of this is probably because Dan and Lisa had a bad break-up and divorce. Lisa is frequently talking badly about Dan in the house, and this ill-will is rubbing off on Tina. Lately Tina has been telling her father that she is busy and can't see him, even when he is scheduled for his visitation.

Dan starts to take his daughter's actions personally. He is not at all pleased with the situation, and he thinks that Lisa may be manipulating her young daughter's mind. He thinks that Tina deserves to be punished for not seeing him, and when Lisa sends him a letter asking him to help pay for the writing conference and the private school tuition, Dan refuses.

Lisa may have recourse under Louisiana Revised Statute RS 9:315.6. This statute provides a Louisiana court with the authority to make parents pay for expenses for their children which may be deemed "extraordinary." More specifically, "Expenses of tuition, registration, books, and supply fees required for attending a special or private elementary or secondary school" can be covered by 315.6. This statute might give Lisa the ability to legally compel Dan to pay for the private school, whether he likes it or not.

315.6 also goes on to say that "camp, music or art lessons, or travel" which contribute to or "enhance the health, athletic, social, or cultural development of a child," may also be covered. This latter provision suggests that Lisa and her attorney may be able to argue, even well after the divorce, that Dan owes money for the writing conference as well, as it fits perfectly within 315.6.

This above is informational only, not legal advice. Will Beaumont. New Orleans.