Divorce: New York

Divorce: New York

Tag Archives: College Expenses

Crediting Child Support With Payments for College Expenses

Posted in Child Support (C.S.S.A.)
Should a court reinterpret a divorce settlement agreement in light of New York’s public policy? It is one thing to void a contract provision as violative of that policy. It’s another to pretend that the contract was intended to be consistent with that policy. Take, Monroe County Supreme Court Justice Richard A. Dollinger’s recent decision… Continue Reading

“I’m Moving In With Daddy”: The Child Support Perspective (Part II)

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
In contrast to its decision in Zaratzian, the subject of yesterday’s blog post, the Second Department, in Eagar v. Suchan, held the same day that a father was entitled to receive child support from a mother after their two children moved in with him. In Eagar, the parties’ 1999 Settlement Agreement which was incorporated, but not… Continue Reading

Do You Kiss Your Mother With That Mouth?

Posted in Child Support (C.S.S.A.)
All hail Sir Richard of Rochester! Chivalry is not dead. Although opening his January 17, 2015 opinion in Cornell v. Cornell with “Sticks and stones will break my bones, But words will never harm me,” Monroe County Acting Supreme Court Justice Richard A. Dollinger nevertheless held that vile words to a child support-paying mother from… Continue Reading

The Second Department Rules on Child Support Parental Income Cap, Transfer of the Marital Residence, and Judgment Formalities

Posted in Child Support (C.S.S.A.), Equitable Distribution, Forms, Judgments and Orders, Statutes
In a May 8, 2013 decision in Mejia v. Mejia, the Appellate Division, Second Department, modified a divorce judgment’s provisions concerning the cap on combined parental income, the disposition of the marital residence, college expenses for three children ages 14, 10 and 6, and judgment inconsistencies with the underlying decision and judgment  formalities. After the… Continue Reading

Divorced Parents may be Liable to Provide Children with a Private College Education

Posted in Child Support (C.S.S.A.)
It is not uncommon for divorce settlement agreements to limit a parent’s contribution to a child’s college education to a portion of the expense to attend a campus within the State University of New York system. This is known as the “SUNY cap.” A scholarly October, 2011 decision of New York County Supreme Court Justice… Continue Reading

Severability: When Only One Provision of a Divorce Settlement Agreement Is Invalid

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Modification-agreements-and-stipulations, Settlement
What happens when only one provision of an agreement is invalid because it violates some statute or public policy?  The answer may depend on who the court wants to benefit, instead of consistently-applied rules of contract law. Take, for example the April 5, 2011 decision of the Second Department in Duggan v. Duggan.  In that… Continue Reading