Stewart v. Stewart

Mercure, A.P.J.

Appeal from that part of an order of the Family Court of Albany County (M. Walsh, J.), entered October 1, 2010, which, in a proceeding pursuant to Family Ct Act article 4, partially granted respondent’s objections to the order of a Support Magistrate.

By the terms of the parties’ separation agreement, which was incorporated but not merged into their 2006 judgment of divorce, respondent (hereinafter the father) is required to pay private school tuition for the parties’ child (born in 2000) if he is able to do so. That obligation was carried forward when an order modifying child…