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Daily Archives: April 16, 2014

College Expenses – How Courts Interpret Divorce Agreements

One of the most important aspects of a divorce settlement is the drafting of a settlement agreement.  The parties may come to an agreement, in general terms, about how much child support will be paid, and what a visitation schedule will be.  However, unless an agreement is very carefully drafted, there can be future disagreements, and expensive litigation. A case before the Appellate Division in New York recently illustrated the point.  In Matter of Apjohn v. Lubinski, 2014 Westlaw 641870 (3d Dept. Feb. 20, 2014), the parties disagreed as to what the father was required to pay for their son’s college expenses.  Their 1994 divorce agreement said that the father was to pay “an amount not to exceed half of the cost of tuition, room and board at a SUNY college or university,” and that the child was required to apply to “the said college or university” for all possible

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