Matter of Costa-Daley v. Daley

Family Law

New York Law Journal


Justice Leslie Stein

Mother appealed from an order which determined the parties' pro-rata share of their son's college expenses. Family Court, following a hearing, concluded that based on a change in father's income, mother's proportional share of the child's college expenses after July 1, 2009 was 52 percent, and father's was 48 percent. It also determined the child's off-campus flights constituted "reasonable college expenses within the terms of the parties' separation agreement. Mother alleged the cost of certain off-campus flights undertaken by the child should not have been considered as reasonable college education expenses. The child attended Embry-Riddle Aeronautical University, and all of the disputed flights occurred while he was enrolled as a student. The school provided documentation that a student pursing a flight minor was allowed to complete flight training off campus. Also, the child claimed such off-campus instruction was less expensive than on-campus. As the record revealed the parties generally supported the child's pursuit of a career in aviation, this court could not conclude Family Court abused its discretion in finding the disputed flights constituted a reasonable college expense under the expansive definition of that term in the parties' agreement.

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