Heinlein v. Kuzemka
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Peters, J.P.
Petitioner (hereinafter the mother) and respondent (hereinafter the father) have two sons (born in 1985 and 1988). Pursuant *997to a separation agreement which was incorporated, but not merged, into their judgment of divorce, the parties agreed to contribute to the children’s college expenses, provided that their then-financial circumstances permitted them to do so and that both parents “approve of the educational institution, course of study and living arrangements.” In March 2001, an order of support was entered which modified the father’s child support obligation and otherwise left…
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