Divorce: New York

Divorce: New York

Tag Archives: College Expenses

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, 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