WEIR v. WEIR

313319/11. Appeal No. 12227. Case No. 2019-04128.

187 A.D.3d 668 (2020)

2020 NY Slip Op 06207

Daniel Weir, Respondent, v. Pam Thur Weir, Appellant.

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

Decided October 29, 2020.


The motion court should have denied, with prejudice, the husband's motion as to allocation of pre-college and college-related expenses, on grounds that it has already been determined that he is responsible for 93% of such expenses (see Domestic Relations Law § 240[1-b][c][7]). The judgment of divorce provides that "educational expenses" will be split between the husband and wife, respectively, 93/7, and bears no indication that the parties intended to exclude...

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