In Horsley v. Radisi, 132 Md. App. 1, 750 A.2d 692, 705-706 (2000) the Court of Special Appeals held that in guideline child support cases only childcare, extraordinary medical expenses, the cost of attending special or private elementary or secondary schools and school transportation expenses can supplement the basic guideline award. The trial court is not permitted to add the cost of discretionary activities such as camp, music lessons, tutoring, gifted and talented program even where these activities are desirable or beneficial to the basic child support award.
However, the court may find that in a particular case the application of the guidelines would be unjust or inappropriate and if the court so finds, it is required to provide a written or oral finding explaining the reasons why it has departed from the guidelines and how this departure serves the best interests of the children.
This exception provides the trial judge with some latitude but not the unguided discretion afforded pre-guidelines. This limitation does not apply to above-guideline cases, i.e. those families whose aggregate income exceeds $180,000.00 per year. In above-guidelines cases, children's expenses including the cost of extracurricular activities may be considered and added to the award of child support. Voishan v. Palma, 327 Md. 318, 322, 609 A2d 319 (1992).
Family Law § 12-204(i) permits the court, in a guideline child support case, to add the cost of private school to the basic award of child support. A court may depart from the guideline and require a parent to pay for a less expensive but equally imperative educational alternative i.e. tutoring if it is satisfied that an academically challenged or gifted student requires remedial tutoring to meet the child's particular educational needs.
In an appropriate case the court may also depart from the guidelines and enable a child, who excels in a particular area e.g. art, music or athletics to pursue appropriate training to enhance these skills. However, justifying a departure from the guidelines requires more than a parent testifying that a child is intellectually "gifted" or that the public school cannot meet these educational needs. Horsley, 750 A.2d at 707.
You may find additional information on child support by pasting this link in your browser -- http://www.jnglaw.net/Practice-Areas/Alimony-and-Child-Support.shtml
