CHRISTIAN JOSEPH BOULOS
v.
VERONICA RUBIO, F/K/A VERONICA BOULOS
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Christian Joseph Boulos appeals a trial court order requiring him to pay sixty-three percent of private school tuition costs for his minor children with Veronica Rubio. The parties' 2019 Marital Settlement Agreement left the private school issue unresolved and contemplated judicial determination if the parties could not agree. The trial court held an evidentiary hearing and determined that the children should continue private school with Boulos bearing the majority of tuition costs.
The court affirmed the trial court's order, concluding that it did not abuse its discretion in requiring the father to pay sixty-three percent of private school tuition. The trial court's factual findings were supported by competent substantial evidence and were consistent with the three-part Brennan test requiring findings that: (1) the parent has the ability to pay, (2) the expense accords with the family's standard of living, and (3) attendance is in the child's best interest.
[1] In determining whether a parent must contribute to private school tuition, the trial court must find that the parent has the ability to pay, the expense is in accordance…
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Join FLexlaw to unlock all legal intelligenceChristian Joseph Boulos and Veronica Rubio divorced in 2019 and executed a Marital Settlement Agreement that deferred resolution of their minor childr…
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Opinion filed February 9, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-476 Lower Tribunal No. 18-28289 ________________
Christian Joseph Boulos,
Appellant,
vs.
Veronica Rubio, f/k/a Veronica Boulos, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Victoria del Pino, Judge. Laline Concepcion-Veloso, P.A., and Laline Concepcion-Veloso, for appellant. Orshan, Spann & Fernandez-Mesa, and Robert D. Orshan and Steven P. Spann, for appellee. Before FERNANDEZ, C.J., and SCALES and MILLER, JJ. PER CURIAM.
Christian Joseph Boulos (Former Husband) appeals the trial court’s September 25, 2020 order determining both: (i) that his minor children with Veronica Rubio (Former Wife) should continue to attend private school; and (ii) that he is required to pay sixty-three percent of the private school tuition costs. When the couple divorced in 2019, they entered into a Marital Settlement Agreement (MSA) that left open the questions of whether the couple’s minor children would continue to attend private school and, if so, the parties’ respective obligations toward the payment of tuition. The MSA specifically provided that if the parties were unable to resolve the private school issues, they would present those issues to the trial court for determination.
After the parties were unable to come to an amicable resolution, on March 6, 2020, Former Wife – who wished for the children to continue their private religious school education – filed a motion seeking the trial court’s determination of the private school issues. On August 28, 2020, the trial court conducted an evidentiary hearing on Former Wife’s motion and subsequently entered the detailed order that Former Husband challenges in this appeal.
We review the order on appeal under an abuse of discretion standard, Pollow v. Pollow, 712 So. 2d 1235, 1236 (Fla. 4th DCA 1998), and we are compelled to affirm if the trial court’s factual findings are supported by competent substantial evidence. See Lane v. Lane, 254 So. 3d 570, 574 (Fla. 3d DCA 2018).
We conclude that the trial court made appropriate findings consistent with Brennan v. Brennan, 122 So. 3d 923, 926 (Fla. 4th DCA 2013) (holding that the trial court must find: “(1) the parent has the ability to pay for private school, (2) the expense is in accordance with the family’s established standard of living, and (3) attendance is in the child’s best interest”). These findings are supported by competent substantial evidence. Accordingly, we conclude that the trial court did not abuse its discretion in entering the challenged order. Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brennan v. Brennan, 122 So. 3d 923 (Fla. 4th DCA 2013)
- Pollow v. Pollow, 712 So. 2d 1235 (Fla. 4th DCA 1998)
- Lane v. Lane, 254 So. 3d 570 (Fla. 3d DCA 2018)