child support

New York Appellate Court reverses Private School support payment.

In the decision titled Michael J.D. v Carolina E.P., the Appellate Division, First Department, reviewed a 2012 child support award that originally ordered the father to pay 100 percent of his child's tuition at a prestigious and very expensive private school in New York City.

The Appellate Division stated that while a parent can be ordered to pay his or her child's educational expenses, the court must first examine the circumstances of the case, the circumstances of the parties involved, the child's best interests and the "requirement of justice."

In this case, the appellate court noted that no reasons were offered back in 2012 for why the father should pay for private school, other than informal discussions between the father and mother about the child's future. These conversations took place when the child was only a few months old, meaning he was not close enough in age for a discussion regarding his schooling. The parents were not married or even living together when child was born. Taken together, the court determined there was no "justifiable basis" to make the father pay private school tuition.

Every child support case is different. In fact, just because the court said the father is not required to pay school tuition in this instance does not mean it won't order it in another case - it all depends on the circumstances. Before you agree with your child's mother or father regarding something as important as school, contact an attorney at Law Offices of Mindin & Mindin, P.C. at 888-501-3292.