From Casetext: Smarter Legal Research

Shea v. McFadden

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1996
227 A.D.2d 543 (N.Y. App. Div. 1996)

Opinion

May 20, 1996

Appeal from the Supreme Court, Suffolk County (Oshrin, J.).


Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The parties' separation agreement provided that the father's child support obligation was to continue through the children's residence at college, and that the parties were to share equally the costs of a four-year college education. The Supreme Court correctly refused to construe this provision as requiring a set off to the father's support obligation to account for his contribution toward room and board at college. Where, as here, the language of the agreement is unambiguous, parol evidence to explain what the parties intended was properly disallowed ( see, Allyn v. Allyn, 163 A.D.2d 665).

The father's remaining contention is without merit. Altman, J.P., Hart, Goldstein and McGinity, JJ., concur.


Summaries of

Shea v. McFadden

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1996
227 A.D.2d 543 (N.Y. App. Div. 1996)
Case details for

Shea v. McFadden

Case Details

Full title:THOMAS C. SHEA, Appellant, v. KATHLEEN A. McFADDEN, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 20, 1996

Citations

227 A.D.2d 543 (N.Y. App. Div. 1996)
642 N.Y.S.2d 963

Citing Cases

Tryon v. Tryon

The defendant was not entitled to a downward modification simply because he has assumed his agreed-upon share…

Stewart v. Stewart

Specifically, courts have held that parol evidence is not permitted if the language of a separation agreement…