Opinion
2014-01-22
In the Matter of Sheri KLASS, respondent, v. Barton LOW, appellant.
Jeffrey Schonbrun, New City, N.Y., for appellant. Allan Wolk, New City, N.Y., for respondent.
Jeffrey Schonbrun, New City, N.Y., for appellant. Allan Wolk, New City, N.Y., for respondent.
In related child support proceedings pursuant to Family Court Act article 4, the father appeals, as limited by his brief, from stated portions of an order of the Family Court, Rockland County (Warren, J.), entered March 5, 2013, which, inter alia, granted the mother's objections to so much of an order of the same court (Miklitsch, S.M.), entered November 1, 2012, as, after a hearing, in effect, denied her petition to enforce the provisions of the parties' judgment of divorce entered May 3, 1999, incorporating the parties' stipulation of settlement requiring the father to pay 50% of their daughter's college education expenses, and thereupon directed him to pay 50% of such college education expenses, including the sum of $857.83 for the spring 2011 semester.
ORDERED that the order entered March 5, 2013, is modified, on the law, by deleting the provision thereof directing the father to pay the sum of $857.83 for the daughter's college education expenses for the spring 2011 semester; as so modified, the order entered March 5, 2013, is affirmed insofar as appealed from, with costs to the mother.
Under the circumstances of this case, the Family Court properly found that the father was obligated to pay 50% of the parties' daughter's college expenses until June 2014 ( see Matter of Schiano v. Hirsch, 22 A.D.3d 502, 803 N.Y.S.2d 643). However, the court erred in requiring the father to pay $857.83 for the daughter's college education expenses for the spring of 2011. It is uncontested that the father had already paid that amount to the mother. However, contrary to the father's contention, there was no overpayment made by him with respect to the child's car insurance premiums for 2011 and 2012.
Finally, the mother is not entitled to an award of an attorney's fee ( see Barson v. Barson, 32 A.D.3d 872, 873, 821 N.Y.S.2d 237). SKELOS, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.