Lannen v. Lannen

Order unanimously modified on the law and as modified affirmed without costs in accordance *932with the following Memorandum: We agree with plaintiff that Supreme Court erred in requiring him to pay half the tuition and expenses for high school for his daughter. The statutory test for an award of educational expenses (see, Domestic Relations Law § 240 [1-b] [c] [7]) was not "meant to represent a radical shift away from the traditional rule of 'special circumstances’ ” (Matter of Cassano v Cassano, 203 AD2d 563, 565, affd 85 NY2d 649). The traditional rule is that the father "should not be…