An order of the Supreme Court denying Plaintiff’s motion for the modification of custody and enforcement of child support as outlined by the parties’ stipulation of settlement was appealed by Plaintiff. Long Island’s Best Divorce Lawyer said the Appellate Division affirmed the lower court’s decision and remanded the matter for a hearing regarding the issue of the child’s private school tuition.
A Nassau County Divorce Lawyer said the Plaintiff had failed to show sufficient evidence to warrant her modification request. The Court pointed out that just because the parties have differing views on education or extracurricular activities does not necessitate a custody modification. Both parties can still co-parent despite this fact. The parties have also included a procedure to handle disagreements in their stipulation of settlement. If such a procedure failed, the “parties reserved the right to resolve such matters in court.”
Long Island’s Best Divorce Lawyer said the Appellate Division affirmed the trial court’s ruling that the Defendant’s reduction in income and increased debts were sufficient cause to reasonably withhold consent for the use of out-of-network medical providers or the child’s enrollment in more than two extracurricular activities per semester. The trial court’s ruling to deny Plaintiff’s request for childcare cost reimbursement was also deemed proper as she did not submit evidence that those costs were incurred in order to enable her to work.
The parties’ agreement originally specified that the child would attend private school. This consideration along with the child’s long attendance at a private school chosen by the parties together, and the child’s “fondness for and outstanding performance at the school” the Appellate Division ordered the matter remitted to the trial court “to determine whether the Defendant unreasonably refused to consent to contribute to the cost of the child’s private school education.”
When finalizing a divorce it is sometimes difficult to anticipate all disagreements that could take place. Situations including child custody and alimony could lead to unexpected conflict. The experienced divorce attorneys at Simonetti & Associates can guide you through this process. Seek out their advice today.