MATTER OF POZNIK v. FROEBEL


1 A.D.3d 366 (2003)

766 N.Y.S.2d 877

In the Matter of JUDY POZNIK, Appellant, v. CARL FROEBEL, Respondent.

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

November 3, 2003.


Ordered that the order is affirmed, with costs.

The parties' separation agreement, which is incorporated but not merged into the judgment of divorce dated August 2, 1993, is silent as to the parties' obligation to pay for the children's private secondary school tuition. With the enactment of Domestic Relations Law § 240 (1-b) (c) (7), a court may properly direct a parent to contribute to a child's private education, even in the absence of special circumstances...

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