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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 213 SEPTEMBER TERM, 1997

DAVID SEELY WITT

v.

MADONNA RISTAINO

Cathell, Salmon, Sonner, JJ.

Opinion by Cathell, J.

-2Filed: November 4, 1997

David

Seely Witt, appellant, was granted a divorce from

Madonna Ristaino, appellee, by a Judgment of Absolute Divorce entered on 29 July 1996 in the Circuit Court of Anne Arundel County. The Judgment provided, inter alia, that appellee be

awarded legal custody of the parties' three minor children and that the minor children continue their education at St. Mary's, a private, Catholic elementary school, with appellant to pay all costs and tuition "if he could afford it." Appellant subsequently filed a Motion for Reconsideration and Revision of Judgment. Appellant argued the parties had no formal

agreement as to the children's attendance at St. Mary's and there was no evidence presented at trial that attendance at the private school was necessary to meet the particular educational needs of the children. 1996. A hearing on the motion was held on 6 September

At the hearing, the court found "that the minor children

have particular educational needs" and ordered that appellant pay sixty-five percent and the appellee pay thirty-five percent of all costs of tuition and expenses for the three minor children to attend St. Mary's. Appellant timely appealed. Appellee filed an

untimely cross-appeal, which was dismissed on 16 May 1997. FACTS The facts in this case are not in significant dispute. parties were married on 2 December 1985. The

Three children were born

during the marriage, David, Tony, and "Little Madonna," ages 9, 8, and 4, respectively. Appellee also has a fourteen-year-old son

from a previous marriage, Vince, who lived with the parties while they were married. Prior to the divorce, Tony and David were enrolled in St. Mary's of Annapolis. At the time of trial, Little Madonna was not

of school age, but the parties had planned on enrolling her in kindergarten at St. Mary's the following year. Tony and David

expressed to the court that they liked their school and were earning high marks of A's and B's. Testimony was given by appellee

that although the children had no special educational needs, such as a learning or physical disability, she preferred they attend St. Mary's over the local public school because "they are Roman

Catholic children . . . [, it offers them] religion . . . [and] other students . . . with the same backgrounds . . . both socially, and religiously." Appellant also testified that he "would rather The trial court

keep them in St. Mary's if . . . it's affordable."

found that appellant, a private contractor in business for himself, had a monthly income of $2100, while appellee, a full-time

architecture student at Catholic University, had monthly income of $650 from working part-time.1 In accordance with the Maryland

1

No alimony was requested by or awarded to either party. - 2 -

Child Support Guidelines,2 the judge ordered appellant to pay appellee $613 per month in child support. Appellant presents three

questions for our review, which we consolidate and rephrase as follows: I. Did the trial court err in its determination that, under the Child Support Guidelines, appellant must pay the costs of his minor children's private school to meet their "particular educational needs," as provided in

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Maryland Law