Milark v. Meigher
| Decision Date | 14 April 2005 |
| Docket Number | 96923. |
| Citation | 2005 NY Slip Op 02929,17 A.D.3d 844,793 N.Y.S.2d 581 |
| Parties | HOLLIS K. MILARK, Appellant, v. TIMOTHY A. MEIGHER, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Appeal from an order of the Supreme Court (Benza, J.), entered August 24, 2004 in Albany County, which, inter alia, granted defendant's motion to enforce the terms of a separation agreement.
The parties hereto were formerly married and are the parents of two children, a son, born in 1990, and a daughter, born in 1994. The parties' detailed and comprehensive separation agreement dated June 25, 2002 was incorporated but not merged into their December 2002 judgment of divorce. As relevant to the current dispute, the parties agreed to share joint legal custody. They also agreed that they would jointly determine all issues regarding the health, education and general welfare of the children. In opting out of the provisions of the Child Support Standards Act, the parties agreed that on May 1 of each year, they would exchange income tax information from the previous year, their gross incomes as defined in the agreement would be added and defendant would pay plaintiff, in monthly installments, sums sufficient to pay her 50% of the joint income of the parties. Having agreed to jointly share the income, the parties agreed that each would be responsible for the maintenance of their separate households and "[t]he parties shall equally divide all primary and secondary school tuition, the cost of all school supplies, all mutually acceptable extracurricular activities, all reasonable clothing expenses for the children, all mutually acceptable summer programs for the children, all mutually acceptable sporting goods for the children [and] all child care incurred by either party." Notably, on the date of the agreement, both children were enrolled at the Robert C. Parker School, a private school to which the parties were paying tuition for their children. The agreement further provided that the parties would account to each other quarterly and reimburse the other for any excess expenses, over 50% that had been incurred by either.
Defendant moved to enforce those parts of the separation agreement which required plaintiff to pay (1) half of the tuition at the Parker School, (2) half of summer camp expenses, (3) 50% of the quarterly expenses allegedly unpaid, and (4) counsel fees incurred on the motion. Without holding a hearing, Supreme Court ordered plaintiff to pay half of the school tuition and half of the summer camp expenses. Supreme Court denied counsel fees to defendant and deferred decision for reimbursement of quarterly expenses until Albany County Family Court* renders a decision on a petition brought in that court by plaintiff. Plaintiff appeals.
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