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Kelly v. Kelly12/22/2000
idman v. Widman, 619 So. 2d 632, 637 (La. App. 3rd Cir. 1993); Corley, 600 So. 2d at 909.
In this case, both parties testified that the children have always attended private schools and Ms. Kelly further testified concerning the greater educational opportunities provided to her daughter by the particular private school attended. This evidence is sufficient to support the trial court's finding that the inclusion of private school costs in the support award were necessary to meet the particular educational needs of the children. We see no reason to disturb this finding by the trial court and, accordingly, reject this assignment of error.
CONCLUSION
For the foregoing reasons, the March 29, 1999 judgment of the trial court is set aside as it relates to the child support payment of $162.00 per month. This matter is remanded for further proceedings consistent with the views expressed in this opinion. On remand, the trial court shall proceed expeditiously and hear this matter by preference and priority to the extent practical. This court retains jurisdiction to determine whether the trial court erred in deviating from the guidelines after it has supplied the requested information. All costs of this appeal are to be assessed upon the final determination of this matter.
AFFIRMED IN PART, SET ASIDE IN PART, AND REMANDED FOR EXPEDITED HEARING.
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