Robert G. Smith, PLLC
212-499-0940

Posts tagged "child support dispute"

Private School Tuition in Agreement = Child Support In Judgment

Once again Justice Matt Cooper has been affirmed.   In Brown v. Condzal (First Department March 29, 2016) the Appellate Division held that the obligation contained in a settlement agreement incorporated into a divorce judgment to pay private school tuition is enforceable as a "child support" obligation and correctly characterized as such by the trial court. The trial court granted a $56,326.66 money judgment with pre-judgment interest and a $30,000 counsel fee for the wife's attorneys.  Not unlike the recent decision in the Frankel case, where the appellate court held that there are no magic words required to exclude temporary spousal maintenance from the meaning of a prenuptial agreement, the appellate court held that the explicit reference to private school tuition is "child support" under the statute, noting that the parents are permitted by Domestic Relations Law § 240(1-b)(h), to define their respective child support obligations by the terms of their separation agreement, rather than by the court's application of the statutory guidelines. 

Incarceration and child support

New York parents who are involved in child support disputes may wonder about the usefulness of incarceration as a penalty for failure to meet support obligations. While some media outlets suggest that imprisonment is an effective incentive for individuals who have the means to pay, it has been argued that the punishment often creates a cycle that allows the payer's debt to grow to unmanageable levels.

Get The Help You need

If you would like to talk with me, call my office in Manhattan at 212-499-0940 or contact me online.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us Today

Robert G. Smith, PLLC
950 Third Ave., 11th Floor
New York, NY 10022

Phone: 212-499-0940
Fax: 212-499-9091
New York Law Office Map