Mother Should Not Have Been Required to Contribute to Children’s Educational Expenses

In determining Family Court abused its discretion in ordering mother to contribute to the children’s educational expenses (where father affirmatively stated he was not seeking the contribution), the Second Department explained:

“Unlike the obligation to provide support for a child’s basic needs, support for a child’s college education is not mandatory'”…. “Pursuant to Domestic Relations Law § 240(11-b)(c)(7), the court may direct a parent to contribute to a child’s education, even in the absence of special circumstances or a voluntary agreement of the parties, as long as the court’s discretion is not improvidently exercised in that regard”…. Here, however, the Family Court improvidently exercised its discretion in directing the mother to pay 29% of the subject children’s educational expenses, since the father affirmatively stated that he was not seeking such contribution from the mother. Matter of Grubler v Grubler, 2013 NT Slip Op 05068, 2nd Dept 7-3-13