Fill and Sign the Standing Pre Trial Order in Jury Trials Division a Form

______________ : ______ JUDICIAL DISTRICT COURT VS : PARISH OF ______, LOUISIANA ______________ : DOCKET NO. ______ __________________________________________________________________ PRE-TRIAL MEMORANDUM ON BEHALF OF IN OPPOSITION TO INCREASE IN CHILD SUPPORT MAY IT PLEASE THE COURT: This matter comes before the Court on a Rule to Inc rease Child Support set before the Honorable ______________ on _____ _ ___ , 20___, at ___ o’clock ___.M. as a ___ fixing. FACTS: The plaintiff and Defendant were divorced by Judgment of this Court on ______ ___, 20___ , wherein Plaintiff and Defendant were awarded join t custody of the minor children, with the Plaintiff being designated the custodial parent according to the Joint Custody Plan. According to said Joint Custod y Plan, signed on ______ ___, 20___ , the selection of where the children would attend school will be a joint dec ision made by both parents. There has never been a n agreement by the parties that the children will attend public or private school. ______________ is ______ (___) years old and is in the ___ grade at ______________ in ______________. ______________ is ______ (___) years old and is in ________ at ______________ in ______________ . LAW: Louisiana Revised Statute 9:3l5.6(l) sets forth other expenses which may be included in addition to the basic child support obligation and provides, in part, as follows: "By agreement of the paties or order of the Court, the following expenses incurred on behalf of the child may be added to the basic child support obligation: (l) Any expenses for attending a special or private elementary or secondary school to meet the particular educational needs of the child." In the absence of an agreement between the parties, in order to warrant the inclusion of private school tuition expenses in a child support award, some evidence must be presented to show a particular educational need of the child which is met by the attendance at private school. Bertrand v. Bertrand , 637 So.2d 531 (La. App. lst Cir., l993) A particular educational need of a child to remain in private school includes consideration of the child's history of attending a private school and whether a continuation of their education in that setting is in the child's best interest. Schulz v. Schulz, 630 So.2d 847, 850 (La. App. 4th Cir. l993). It is respectfully submitted that the educational needs of the children can be satisfied by a public school just as well as at a private school. Counsel for defendant concedes that it is late in the school year and would probably be appropriate for the children to remain in their respective schools until the end of this school term. At the end of this school term, it is respectfully suggested that the two minor children should be enrolled in the pu blic school system in ______ Parish. RESPECTFULLY SUBMITTED, ______________________________ ______________ ______________ ______, LA ______ ( ___ )______ La. Bar Roll No. ______ ATTORNEY FOR DEFENDANT * * * C E R T I F I C A T E I hereby certify that a copy of the above and foregoing Pre -Trial Memorandum on Behalf of ______________ in Opposition to Increase in Child Support has been forwarded to ______________, ______________, ______________ , Louisiana ______, attorney for plaintiff, by depositing a copy of same in the United States mail, postage prepaid. ______________, Louisiana, this _____ day of ______, 20___ . ______________________________ ______________