MATTER OF ANTES v. MILLER


304 A.D.2d 892 (2003)

757 N.Y.S.2d 620

In the Matter of JO ANN ANTES, Respondent, v. ARTHUR G. MILLER, Appellant.

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

Decided April 3, 2003.


Peters, J.

The parties, married in 1975, had two daughters, one of which was emancipated at the time that they entered into a separation agreement. Such agreement was subsequently incorporated, but not merged, into a judgment of divorce. In the agreement, the parties acknowledged that as to the unemancipated child, the noncustodial parent might have to pay a pro rata share of "a discretionary amount for educational expenses" in addition to the basic child support...

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