Divorce: New York

Divorce: New York

Tag Archives: Education

Split or Shared Decision-Making: the Balance of Parental Power

Posted in Custody and Visitation
Increasingly, courts have closely examined the specific decision-making roles of each parent, whether or not the parties share joint custody or one parent is awarded sole custody. The general rule is that joint or shared custody, requiring both parents to agree on decisions, is inappropriate where parents have demonstrated an inability or unwillingness to cooperate… Continue Reading

NYC Dept. of Ed.’s Policy Upheld: Primary Physical Custodian’s Directions Will Be Followed Despite Shared Legal Custody

Posted in Custody and Visitation
Absent a court order specifying which parent is entitled to make educational decisions, the New York City Department of Education will follow the instructions of the primary physical custodian. The policy was upheld in the October 22, 2013 decision of the First Department in Jennings v. Walcott. The appellate court reversed  the determination of  Supreme Court,… Continue Reading

Mother Granted Decision-Making Where Agreement Failed to Provide for Parental Conflicts

Posted in Custody and Visitation
Where the parties’ joint legal custody agreement only provided for each parent to have equal input on all major decisions, including education, but did not provide for conflict resolution, the mother, after a hearing, was awarded temporary decision-making authority. Such was the holding of the April 11, 2013 decision of the Appellate Division, First Department,… Continue Reading

The Divorced Parent’s Obligation to Pay for College: It Depends What “Means” Means (Part II)

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
In last week’s blog, I discussed the extraordinary analysis undertaken by Monroe County Supreme Court Justice Richard A. Dollinger in L.L. v. R.L. in order to apply the agreement made by parents at the time of their divorce to finance their children’s college education “according to their respective means at the time the child attends college.” On… Continue Reading

Court’s Refusal to Impose a “SUNY Cap” Limitation on Parent’s Contribution to College is Affirmed

Posted in Child Support (C.S.S.A.)
In my December 12, 2011 blog, I discussed the October 14, 2011 decision of New York County Supreme Court Justice Matthew F. Cooper, directing a father to pay 40% of his child’s private college expenses. In its April 24, 2012 decision in Tishman v. Bogatin, the First Department affirmed. A parent’s contribution to a child’s college education would… Continue Reading

Court Extends Parent’s Obligation to Pay College Expenses Beyond Child’s 21st Birthday

Posted in Child Support (C.S.S.A.)
A recent decision of the Appellate Division, Third Department, appears to unduly expand the basis upon which a parent may be obligated to contribute to the college education expenses of a child beyond age 21. Generally, a parent’s obligation to support a child terminates when the child reaches age 21. That general rule, of course,… 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

Court Avoids Parents’ Agreement to Arbitrate Disputes Over Education of Child

Posted in Agreements and Stipulations, Alternative Dispute Resolution (ADR), Custody and Visitation, Settlement
Shlomo Scholar and Shoshana Timinisky married in 2005. They had one child the next year.  The year after that they entered a stipulation of settlement to resolve their divorce action. Included in that stipulation was the parties agreement that Ms. Timinisky would have sole custody of the parties’ child. However, the parties also agreed that… Continue Reading

Stereotypes and Prejudices which Shaped Custody Determinations are Demonstrably False

Posted in Custody and Visitation, Evidence
The November/December issue of Scientific American Mind magazine presents the article, What Makes a Good Parent? A growing body of research conducted over the past 50 years shows fairly clearly that some parenting practices produce better relationships between parent and child and happier, healthier, better functioning children. A new study by the article’s author, Robert… Continue Reading