THOMAS J. TOUPS Vs. VICKIE Z. KAUFFMAN (TOUPS)

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THOMAS J. TOUPS * NO. 2016-CA-0248 VERSUS * COURT OF APPEAL VICKIE Z. KAUFFMAN (TOUPS) * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* BONIN, J., DISSENTS WITH REASONS. I respectfully dissent. The parties provided by their consent that either parent’s relocation within designated areas of the metropolitan New Orleans area would not constitute a change of circumstances and that the father would not pay any portion of the children’s private school tuition. The fact that a child was not admitted to a public school of choice does not equate with unavailability of public education in New Orleans. And under such circumstances the mother’s subsequent loss of that highend employment by which she bore the entire burden of the child’s private school tuition cannot constitute the requisite change of circumstances. I simply cannot identify any change of circumstance which authorizes the imposition of private school tuition upon the father. I would reverse the trial judge’s decision.

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