"Entourage" star Kevin Dillon and his ex-wife, Jane Stuart, settled their divorce several months ago, but continue to argue over issues related to their daughter. Kevin Dillon Battles Ex Over Kid's Tuition: I Can't Afford Private School!, tmz.com, October 20, 2017 Their daughter, Ava, is currently enrolled in an expensive private school, which she has attended her entire life. Kevin claims that he cannot afford to pay the tuition since he is already paying $3,174/month in child support and $7,214/month in alimony. Thus, he wants Ava to attend their public school in Malibu. In support of his position, Kevin points out that the public school has a "gold medal" ranking from U.S. News and World Report and, therefore, his daughter would continue to get an excellent education. Conversely, Jane claims that the public school will not meet Ava's needs, and that it has "alleged drug issues and cancer-causing agents on campus.
In making a decision on a case like this, the Judge will need more information from both parties. Jane will need to provide information about Ava's specific needs and demonstrate what the private school is doing specifically to meet those needs. To that end, she will also have to show why the public school is unable to meet those needs. She will also have to provide evidence to support her allegation of drug use and cancer-causing agents at the public school. Kevin will have to provide financial information, specifically documentation showing his monthly income and expenses, to illustrate that he is unable to afford private school.
The Judge will review the evidence and balance Ava's need for the private school with Kevin's ability to pay for it. If the Judge determines that private school is a luxury rather than a necessity, Ava will most likely be transferring to the public school. If private school is found to be in Ava's best interest due to her special needs, then the Judge may order that she remains there. However, if the Judge finds that the private school is in her best interest, but also finds that Kevin is financially unable to pay for it, then Ava will likely have to go to public school. There are many children who may greatly benefit from private school but their families cannot afford it. As long as Ava will not be harmed at the public school, if her parents cannot afford private school, then she will likely be making a switch.