QUESTION

MSA splits elementary and secondary child education costs at 50/50, but fails to mention tuition. Is my ex responsible for private school tuition?

Asked on Aug 27th, 2020 on Family Law - Florida
More details to this question:
It is an Illinois Decree that was just domesticated in Florida.
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
Dear Anonymous: First caveat....although you have domesticated your judgment in Florida, typically the law of the state where the decree was entered applies.  A Florida judge would hear the matter but have to apply Illinois law.  As I am not admitted in Illinois, I can only answer this under Florida law. That said, this might involve interpretation of the terms "child education costs."  It is never a good idea to look at a few words of a contract (which is what a marital settlement agreement is)without reading the entire agreement.  The first general rule of contracts is that the court must give the plain meaning to the words .  However, if a court determines that  the language is ambiguous, then the court can seek parole (outside) evidence of the intent at the time. So, your starting point would be to read the entire provisions in context and then see if you think it is ambiguous.  If so, what did everyone mean at the time. Hopefully this will provide you some guidance.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.   
Answered on Aug 28th, 2020 at 6:02 AM

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