A.Y. v. R.A.

WESTCHESTER COUNTY
Family Law

New York Law Journal

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Justice John Colangelo

In a post-judgment matrimonial action, wife moved for an order regarding husband's payment of private school tuition for the parties' daughter, T, who resided with wife. Husband interposed a cross-motion seeking wife to pay him child support for the parties two sons, who now permanently reside with him. The parties previously entered into a stipulation resolving most issues, including child support. Yet despite the stipulation granting the parties joint legal custody, the children subsequently chose the respective parent with whom they wished to reside. The court found the stipulation anticipated the current situation, providing a solution to both wife's and husband's claims regarding child support. Thus, while wife sought $10,000 a month child support, the stipulation granted her $1,000, for which husband remained liable, despite no contact with T. However, the same did not hold true for husband as the stipulation militated against child support to him, the monied spouse. The court noted the child support provision flowed in only one direction, from husband to wife, but ruled husband was no longer required to pay child support to wife for the two sons.

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