Thomas F. Ellis, III, J.D., P.A.
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Family Law Cases

Thomas F. Ellis, III JD PA
Attorney At Law

275 West Street, Suite 105
Annapolis, Maryland 21401
Phone (410) 280-5603
Fax (410) 280-6670

Court of Special Appeals of Maryland.
David Seely WITT
v.
Madonna RISTAINO.

No. 213, Sept. Term, 1997.
Nov. 4, 1997.

Noncustodial parent appealed from judgment of absolute divorce and determination on rehearing entered in the Circuit Court, Anne Arundel County, Eugene M. Lerner, J., to extent he was required to pay 65 percent of children’s educational expenses at private religious school.  The Court of Special Appeals, Cathell, J., held that: (1) on issue of first impression, term “particular educational needs” in statute governing payment for private schooling is not limited to children requiring special education or having special ability and requires consideration of numerous factors, including whether child was attending school prior to divorce, (2) court did not abuse its discretion in determining that children had particular educational needs that supported their attendance of  private school or in determining that noncustodial parent would be apportioned 65 percent of cost.
Affirmed.

West Headnotes
118 MD. App.155
_______________

Court of Special Appeals of Maryland
Irene EVANS
v.
Robert J. EVANS.

No. 88, Sept. Term, 1988.
June 3, 1988.

Following entry of divorce decree, wife filed petition to cite husband for contempt of court. The Circuit Court, Calvert County, Perry G. Bowen, Jr., J., granted husband’s motion to amend or revise judgment, and deleted provisions from previous decree. Wife appealed. The Court of Special Appeals, Alpert, J., held that erroneous categorization in divorce decree of husband’s military disability pension as marital property was not jurisdictional error, and husband thus could not collaterally attack categorization more than 30 days after decree became final.
Reversed; original order reinstated.

Thomas F. Ellis, III JD PA
Attorney At Law
275 West Street, Suite 105
Annapolis, Maryland 21401
Phone (410) 280-5603
Fax (410) 280-6670


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