IN RE BARRETT 841 A.2d 74 (2004) CASE BRIEF

IN RE BARRETT

841 A.2d 74 (2004)

NATURE OF THE CASE: Barrett, mother (M), filed a motion seeking an order that Coyne, father (F) contribute towards the private school tuition for the parties' daughter. After the motion was initially denied, upon reconsideration, a marital master recommended that F pay $8,000 of the tuition. The trial court approved the order. F appealed.

FACTS: M and F were divorced on August 22, 1996. The parties agreed to share joint legal custody of their two daughters, Kathryn and Jacqueline, with M having primary physical custody. F was ordered to pay child support. M and the children moved to New Hampshire and F ceased communication with them, although he continued to pay child support. Kathryn had been diagnosed in 1997 with attention deficit disorder and she suffered emotional problems due to her estranged relationship with F and failed her freshman year. M decided to enroll her in private school. Despite the high cost of private school, M believed that unless Kathryn attended private school she would continue to fail. In 2002 M suffered financial difficulties and asked F to pay for Kathryn's tuition to enable her to attend Tilton in her senior year. F refused. M filed a motion in the Portsmouth Family Division seeking an order that F contribute financially towards Kathryn's senior year at Tilton. At first F had failed to include his current wife's income in his financial statements. The trial court reconsidered and ordered F to pay $8,000 of Kathryn's school tuition.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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