Kotkin v. Kerner

I dissent, and vote to reverse the order requiring appellant to pay one half of the child’s tuition charges at a private secondary school.

In my judgment, since public high school facilities are readily available, the Family Court exceeded its power, in directing the father to contribute toward tuition charges for his son’s attendance at a private high school selected by the mother without consultation with or approval of the. father, such tuition charges theretofore having been voluntarily paid by the mother and her second husband. And even if the Family Court had the power to require the…