JOHN WILLIAM PALUZZI, III, APPELLANT,
v.
DEBRA PALUZZI, APPELLEE
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The appellate court reversed a trial court's order holding a father financially responsible for more than one year of his children's Hebrew school tuition. The court found the marital settlement agreement clearly limited his obligation to 12 months.
No, the trial court erred. The language capping the father's liability for tuition was clear and unambiguous, limiting his obligation to a maximum of $200 per month for a maximum of 12 months.
[1] A marital settlement agreement provision obligating a party to pay for private schooling is limited by clear and unambiguous language specifying a maximum monthly amount…
[2] When the terms of a marital settlement agreement are unambiguous, a trial court may not consider extrinsic evidence or the parties' interpretations to clarify the languag…
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Join FLexlaw to unlock all legal intelligence“Husband shall be responsible for monthly tuition for the minor children’s Hebrew School. Husband’s obligation will [sic is?] not to exceed $200.00 per month for 12 months, retroactive to June, 1997.”
Establishes the specific terms of the father's tuition obligation as agreed upon in the marital settlement agreement.
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Join FLexlaw to unlock all legal intelligenceThe father appealed an amended order clarifying his liability for Hebrew school tuition and an order denying his motion for reimbursement of alleged o…
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PER CURIAM.
John Paluzzi, III, appeals 'the amended order entered on his motion for clarification of his liability for his children’s Hebrew School tuition and further appeals the order denying his motion for reimbursement of the amount by which he assertedly overpaid tuition. Mr. Paluzzi argues that the trial court incorrectly held him financially responsible for more than one year of his children’s Hebrew school tuition payments. We agree and reverse.
The governing provision, originating in the marital settlement agreement and incorporated into the dissolution judgment, states:
PRIVATE SCHOOLING AND OTHER EXPENSES — Husband shall be responsible for monthly tuition for the minor children’s Hebrew School. Husband’s obligation will [sic is?] not to exceed $200.00 per month for 12 months, retroactive to June, 1997. Additionally, both parties agree to consult with each other regarding extra-curricular activities, and each shall be responsible for one-half of any agreed upon extra-curricular activities (i.e., field trips, lunches, books, etc.).
The language capping Mr. Paluzzi’s liability for tuition was clear and unambiguous — Mr.' Paluzzi was liable for a maximum of $200 per month', which liability continued for a maximum of 12 months. Because the tuition terms were unambiguous, the trial court was precluded from considering evidence as to what the parties intended when they entered into the agreement. See Levitt v. Levitt, 699 So. 2d 755, 757 (Fla. 4th DCA 1997) (holding that “[i]t is only when a term in a marital settlement agreement is ambiguous or unclear that the trial court may consider extrinsic evidence as well as the parties’ interpretation of the contract to explain or clarify the ambiguous language”). Accordingly, we reverse both orders appealed and direct that upon remand, the amount by which Mr. Paluzzi overpaid tuition be credited against arrearages, if any, under the other terms of the dissolution judgment.
REVERSED and REMANDED with directions.
DAUKSCH, SAWAYA and PLEUS, JJ., concur.
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Citator
Authorities Cited
- Plemondon v. Alberto Fernandez, M.D., 699 So. 2d 755 (Fla. 4th DCA 1997)
- Levitt v. Levitt, 699 So. 2d 755 (Fla. 4th DCA 1997)