Cooper v. Farrell

In an action to enforce a separation agreement as modified by a stipulation, the plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated August 18, 1989, as declared that the defendant is not obligated to pay the tuition for the private schooling of the parties’ youngest child.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Absent special circumstances or voluntary agreement, a parent is not obligated to pay for the cost of a child’s private schooling (see, Keehn v Keehn, 137 AD2d 493; Benson v Benson, 79 AD2d 694). The…