Kristina Lynn B. v. Joseph T.M.

ALBANY COUNTY
Family Law

New York Law Journal

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Judge W. Dennis Duggan

The court questioned if the support magistrate correctly decided the father was responsible for 71 percent of the parties' son's private school tuition, despite the mother agreeing to pay for the full cost herself. It answered in the affirmative, finding none of father's objections to the magistrate's decision were valid legal or factual objections. The court noted father consented to his son attending private school, finding mother's agreement to pay for the school herself was not relevant to the outcome of father's objections. It stated Family Court is one of limited jurisdiction, and has no authority to enforce contracts. Accordingly, interpreting an oral contract between the parties or imposing equitable relief was beyond the court's authority. The court concluded it would not disturb the determination that father was responsible for paying his proportional share of the tuition, ruling the magistrate's findings supported such a conclusion. Accordingly, the court stated father's objection to the modified support order requiring him to pay 71 percent of the private school tuition was denied.

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