Parker v. Parker
| Decision Date | 15 June 2010 |
| Citation | 903 N.Y.S.2d 145,74 A.D.3d 1076 |
| Parties | In the Matter of Carol PARKER, respondent, v. Lenard PARKER, appellant. |
| Court | New York Supreme Court — Appellate Division |
Paul D. Jaffe, White Plains, N.Y., for appellant.
MARK C. DILLON, J.P., RUTH C. BALKIN, RANDALL T. ENG, and CHERYL E. CHAMBERS, JJ.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Horowitz, J.), dated June 9, 2009, which denied his objections to so much of an order of the same court (Jordan, S.M.), dated March 27, 2009, as, in effect, determinedthat he was liable for half of the subject children's college expenses and awarded the mother the sum of $13,781 in arrears for his share of those expenses.
ORDERED that the order is modified, on the law and the facts, by deleting the provision thereof denying the objection to so much of the order dated March 27, 2009, as awarded the mother the sum of $13,781 in arrears for the father's share of the subject children's college expenses; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Family Court, Westchester County, for further proceedings in accordance herewith.
Pursuant to the parties' stipulation of settlement (hereinafter the stipulation), which was incorporated into the judgment of divorce, the parties agreed to "fully and openly communicate and cooperate with each other with regard to the Children's higher education needs and expenses" and to "share equally in the cost of the Children's college education." It is undisputed that the mother did not communicate or cooperate with the father regarding either daughter's choice of college. The father contends that this breach of the terms of the stipulation should preclude the granting of any award reimbursing the mother for 50% of the daughters' college expenses,representing his share of the expenses. We disagree.
"Fully acknowledging the acrimonious nature of the parties' relationship following their divorce and recognizing that the mother 'should have made a greater effort to confer with [the father] on this matter, the fact remains that the parties' separation agreement ... contemplates both parties contributing to the children's college [expenses equally]' " ( Matter of Heinlein v. Kuzemka, 49 A.D.3d 996, 998, 854 N.Y.S.2d 560, quoting Matter of Wolk v. Saidel, 135 A.D.2d 987, 988, 522 N.Y.S.2d 705). Thus, the father cannot...
To continue reading
Request your trial
-
Yuen v. Sindhwani
...v. VanBeers, 129 A.D.3d 1095, 1095, 12 N.Y.S.3d 238 ; Gretz v. Gretz, 109 A.D.3d 788, 790, 971 N.Y.S.2d 312 ; Matter of Parker v. Parker, 74 A.D.3d 1076, 1077, 903 N.Y.S.2d 145 ; Matter of Heinlein v. Kuzemka, 49 A.D.3d 996, 997–998, 854 N.Y.S.2d 560 ; Regan v. Regan, 254 A.D.2d 402, 402, 6......
-
In re Ashley P.
...60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to support the finding that the appellant74 A.D.3d 1076committed an act which, if committed by an adult, would have constituted the crime of attempted assault in the third degree ( see Matter of Ch......
-
In re Marlon C.
...that the appellant interfered with the arrest of his friend was not against the weight of the evidence (see Matter of Ashley P., 74 A.D.3d at 1076, 903 N.Y.S.2d 146 ; cf. People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902...
-
In re Michael L.
...poor record of attendance and performance in school, and the recommendations made in the probation report ( see Matter of Ashley P., 74 A.D.3d at 1076, 903 N.Y.S.2d 146; Matter of Javed K., 57 A.D.3d at 900, 870 N.Y.S.2d 412; Matter of Thomas D., 50 A.D.3d at 897-898, 857 N.Y.S.2d 583; Matt......