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CIMONS v. CIMONS

53 A.D.3d 125 (2008)

861 N.Y.S.2d 88

CAROLINE CIMONS, Respondent, v. WAYNE CIMONS, Appellant.

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

June 17, 2008.

Attorney(s) appearing for the Case

Goldschmidt & Genovese, LLP, White Plains (Rhona M. Bork of counsel), for appellant.

Candi J. Fulop, White Plains (Therese R. Malach of counsel), for respondent.

SPOLZINO, J.P., DILLON and DICKERSON, JJ., concur.

OPINION OF THE COURT

ANGIOLILLO, J.

This appeal requires us to determine whether a provision in a stipulation settling a divorce action that sets forth the parties' obligations to provide for the future college expenses of their children is subject to the Child Support Standards Act (hereinafter the CSSA) and, if not, whether that provision nonetheless survives a determination that the basic child support provisions of the stipulation violate the CSSA. We...

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