(Download) "Matter Rose Montagnino v. Thomas Montagnino" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Rose Montagnino v. Thomas Montagnino
- Author : Supreme Court of New York
- Release Date : January 30, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
DECISION & ORDER The petitioner mother commenced the instant proceeding for an upward modification of the child support
provisions of a prior divorce judgment, in which the terms of a prior separation agreement were incorporated but not merged.
The petitioner alleged that the needs and, correspondingly, the expenses of the parties two children had increased as a result,
among other things, of the enrollment of the eldest son in college. The eldest son is attending Seton Hall University and
had demonstrated his aptitude and need for a college education (see, Giuffrida v Giuffrida, 81 A.D.2d 905). The parents are
both college graduates, who also hold master's degrees. The appellant father has the financial ability to provide the necessary
funds to help defray college tuition and incidental expenses (see, Pulitzer v Pulitzer, 134 A.D.2d 84, 88). The appellant has a statutory obligation to provide for his children's reasonable needs, including education expenses where
the circumstances warrant it (see, Family Ct Act § 413; Domestic Relations Law § 236; see also, Giuffrida v Giuffrida, supra).
This statutory duty cannot be evaded by means of an omission in the parent's separation agreement, which in this case neglects
to specifically provide for college expenses. While the terms of a separation agreement may bind the parents, the children
are not so bound and the instant proceeding was properly commenced against the appellant despite the absence of such a provision
in the separation agreement (see, Family Ct Act § 461[a]; Matter of Boden v Boden, 42 N.Y.2d 210, 212; Matter of MacFadden
v Martini, 119 Misc. 2d 94, 97-98).