Legal Question in Family Law in New York

Re: upward modification

In Cohen v. Cohen, 203 A.D.2d 411, 610 N.Y.S.2d 313 (2nd Dept. 1994), the Court held that under NY Domestic Relations Law � 240(1-b)(c)(7), it may direct a parent to contribute to a child's private college education, even in the absence of special circumstances or a voluntary agreement of the parties, as long as the court's discretion is not improvidently exercised. To determine whether educational expenses should be paid, the Court must consider the circumstances of the case, the circumstances of the respective parties, the best interests of the children, and the requirements of justice.

In Rocchio v. Rocchio, 213 A.D.2d 535, 623 N.Y.S.2d 917 (2 Dept.,1995), the court directed the father to pay a percentage of educational expenses (settlement agreement silent as to eduction) when "both parties have college degrees, the children attend schools from which most children go to college, the defendant earns approximately $26,000 per year and the plaintiff, who admitted to an annual income in excess of $80,000, did not dispute that he was financially able to pay for his children's college education."

Mike.