Divorce: New York

Divorce: New York

Tag Archives: Tuition

Applying the Ambiguous SUNY-Capped Contribution-to-College Clause

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
Where a divorce settlement agreement contains a SUNY cap on the parents’ obligations to contribute to college expenses, do you subtract financial aid first from the SUNY cap, or first from the total actual costs of the child who chose to attend a private college? Do you include loans in the “financial aid” formula? In … Continue Reading

Support Modification Agreements: Get’em in Writing; Get’em into Court (Part II)

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Enforcement of Support and Orders, Maintenance, Modification
Two decisions within the last 10 days confirm the need for agreements relating to support to be in (an acknowledged) writing, and then incorporated in a court order. In one, the Second Department affirmed the award of maintenance arrears without a hearing despite the claimed reduction of maintenance under an oral modification of the parties’ … 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

College Financial Aid and Calculating the Divorced Parent’s Pro Rata Obligation for Tuition

Posted in Child Support (C.S.S.A.)
August is off-to-college month. For divorced parents, the joys and sorrows of a child leaving the nest are often compounded by the parents’ disagreement over their division of college expenses. Last Spring’s decision of the Second Department in Yorke v. Yorke provides guidance.  The parties are the parents of a child who entered college beginning in … Continue Reading

Reconciling Agreement Terms: Using “Unemancipated Child” May Have Unintended Consequences

Posted in Agreements and Stipulations, Child Support (C.S.S.A.)
In its February decision in Fragin v. Fragin, the Second Department interpreted a 1995 separation agreement which survived the entry of the parties’ 1995 divorce judgment. Pursuant to that agreement, the ex-wife was obligated to contribute to the basic graduate school expenses of the parties’ unemancipated children. However, in fact and not surprisingly, at the time the children … Continue Reading