Contributing to Your Children's Education

In Fanelli v. Hnatowski, Plaintiff Daria Fanelli filed a post-judgment motion seeking contribution from her former husband, Kenneth Hnatowski, for 50% of their two children’s private school tuition as was agreed upon in the parties’ property settlement agreement. Fanelli paid the tuition for both children for 9 years without contribution by the Defendant. The parties divorced in 2005 and Plaintiff was the primary caregiver to the children, ages 15 and 16 at the time of the post-judgment motion. At the time of their divorce, the parties entered into a property settlement agreement containing, among other things, that each would pay 50% of the children’s school costs. The children have attended private school since kindergarten. In 2016, the Plaintiff sought a contribution from the Defendant in the amount of 50% of the children’s tuition or a contribution in proportion to the parties’ respective incomes. The Union County Family Part judge hearing the matter ordered the Defendant to pay 50% of the children’s tuition and Defendant appealed on the grounds that the Plaintiff’s failure to seek contribution for 9 years barred her from doing so and that the term “school costs” does not mean tuition. The Defendant directed the court to Hoefers v. Jones, 288 N.J. Super. 590, 611-12 (Ch. Div. 1994), aff’d, 288 N.J. Super. 478 (App. Div. 1996) which sets forth 14 enumerated factors which the court must evaluate when ordering payment. The factors include the ability of parents to pay, the continuity of the children’s education, the contemplation that they would participate in the program for which contribution is sought, whether enrollment was reasonable, the benefit to the child of the program, whether the party enrolling the child had the right to do so, the child’s best interests and other factors. The NJ Appellate Division held that the term “school costs” was not ambiguous and that the Defendant was required to contribute to the children’s tuition under the parties’ agreement. Thereafter, the appellate division stressed the importance of upholding resolutions negotiated by the parties in citing to Quinn v. Quinn, 225 N.J. 34, 44 (2016), Konzelman v. Konzelman, 158 N.J. 185, 193-94 (1999). The trial court determined that Defendant’s failure to object to the children’s attendance in private school for 9 years operated as implied consent. On appeal, the court found the issue of consent to be of no consequence as the Plaintiff was not seeking contribution for the 9 prior years of private school tuition and the Defendant did not seek relief compelling the children to attend public school. If you need post-judgment relief to enforce litigant’s rights in a family law case, please visit DarlingFirm.com for more information or call us now at 973-584-6200 to schedule a consultation. This blog is for informational purposes only and not intended to replace the advice of counsel.