Klass v. Low

Appellate Division of the Supreme Court of New York

Klass v. Low

113 A.D.3d 769, 978 N.Y.2d 873

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 22, 2014

StatusPublished

This text of 113 A.D.3d 769 (Klass v. Low) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Klass v. Low, 113 A.D.3d 769, 978 N.Y.2d 873 (N.Y. Ct. App. 2014).

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Opinion

Under the circumstances of this case, the Family Court properly found that the father was obligated to pay 50% of the parties’ daughter’s college expenses until June 2014 (see Matter of Schiano v Hirsch, 22 AD3d 502 [2005]). However, the court erred in requiring the father to pay $857.83 for the daughter’s college education expenses for the spring of 2011. It is uncontested that the father had already paid that amount to the mother. However, contrary to the father’s contention, there was no overpayment made by him with respect to the child’s car insurance premiums for 2011 and 2012.

Finally, the mother is not entitled to an award of an attorney’s fee (see Barson v Barson, 32 AD3d 872, 873 [2006]). Skelos, J.P., Dillon, Dickerson and Austin, JJ., concur.

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Under the circumstances of this case, the Family Court properly found that the father was obligated to pay 50% of the parties’ daughter’s college expenses until June 2014 (see Matter of Schiano v Hirsch, 22 AD3d 502 [2005]). However, the court erred in requiring the father to pay $857.83 for the daughter’s college education expenses for the spring of 2011. It is uncontested that the father had already paid that amount to the mother. However, contrary to the father’s contention, there was no overpayment made by him with respect to the child’s car insurance premiums for 2011 and 2012.

Finally, the mother is not entitled to an award of an attorney’s fee (see Barson v Barson, 32 AD3d 872, 873 [2006]). Skelos, J.P., Dillon, Dickerson and Austin, JJ., concur.

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Bluebook (online)

113 A.D.3d 769, 978 N.Y.2d 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klass-v-low-nyappdiv-2014.

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