Family Law News VOLUME 44, ISSUE 1, SPRING 2022
- Back To the Future! the Discounted Cash Flow Model In Valuation
- DOES THE JUDGMENT MAKE CLEAR "IN WHOSE JUDGEMENT"? EDUCATIONAL RIGHTS HOLDERS AND SPECIAL EDUCATION
- Elkins Trumps Speed: the Right To Discovery Under the Domestic Violence Protection Act
- Legislative Liaisons and Designated Recipients of Legislation
- Letter From the Chair
- Letter From the Editor
- SECTION OFFICERS & EDITORIAL BOARD
- Table of Contents
- The Trial Within a Trial: Malpractice Litigation
- Should Educational Expenses Be Considered In the Court's Determination of Temporary Spousal Support?
SHOULD EDUCATIONAL EXPENSES BE CONSIDERED IN THE COURT’S DETERMINATION OF TEMPORARY SPOUSAL SUPPORT?
Written by Michael G. Loeffler*
In re Marriage of Maher & Strawn1 is a fascinating 2021 decision from Fourth District Court of Appeal. There, the court held that for purposes of determining permanent spousal support, the trial court’s consideration of the mother’s payment of the adult children’s college expenses was proper, and not an abuse of discretion.
The court first noted, "[i]n the only Supreme Court case on point, the supporting spouse’s monthly expenses included $350 for an adult child’s college education."2 The court then noted that "[s]everal courts of appeal have reached similar conclusions."3
The court went on to acknowledge that there is another line of cases, most notably In re Marriage of Serna7 that "take a contrary approach."8