WASSERMAN v. EISENBERG


287 A.D.2d 277 (2001)

731 N.Y.S.2d 14

RANDIE M. WASSERMAN, Respondent, v. PHILIP EISENBERG, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 9, 2001.


Since the parties' stipulation of settlement and judgment of divorce are silent as to the costs of special education, plaintiff's motion to compel defendant's payment of those costs is governed by Domestic Relations Law § 240 (1-b) (c) (7), which authorizes the court to direct a parent to contribute to such costs, even in the absence of special circumstances or voluntary agreement, if such be in the child's best interests and required by the circumstances of the case...

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