Earlier this month a family court magistrate ruled it was in the best interest of the child to go against this parentâ€™s original agreement and require the father to pay a large portion of his schoolâ€™s tuition. The father appealed this finding, but according to a February 1, 2013 New York Law Journal article, the court ruled to uphold the decision.
The father appealed, questioning whether the magistrate had the correct authority to overrule the parentsâ€™ original agreement. In the original contract the mother agreed to pay in full the price of the childâ€™s private school tuition. However, the magistrate found that it would cause the mother financial hardship to do so, additionally that it was in the best interest of the child to remain at that school.
Upon review the Court found that the father consented to his son attending the private school. Furthermore, the Family Court has no authority to enforce a contract under their limited jurisdiction. Based on these factors the Court ruled that it would not be in the best interest to disturb the childâ€™s learning by overturning the magistrateâ€™s decision. The fatherâ€™s petition to amend his support order was thus denied.
At the law offices of Jayson Lutzky, P.C., we have helped thousands of satisfied clients. Mr. Lutzky has 30 years of experience in the area of family law. If you are considering divorce or are seeking an attorney regarding child support, paternity, visitation or spousal maintenance, you should contact our office at (800) 660-5299. Mr. Lutzky offers free initial in person consultations. For further information, please visit our website,Â www.MyNewYorkCityLawyer.com.