Beware Private Agreements

Sometimes parties think they can determine things between themselves simply even  regarding children  post divorce  in an easy manner, but they may find themselves in the soup.

Recently one party (A) wanted a child to join private school. The other party (B) agreed, provided tuition was funded solely by A. The child entered school, but then A had a change of heart, and asked court to insist payments by B. The court [Kristina P. v. Joseph Q., A.D.3d  N.Y.S.2d  (Third Dept. 2014)] agreed that an agreement unapproved by itself could not be legitimately enforced, and felt that entering private school was justified. Consequently the agreement was unenforceable and B was required to pay the pro rata share.

Remember the court holds itself to be the protector of the children so make sure that you protect yourself too.

THIS INFORMATION IS OF GENERAL NATURE ONLY AND NOT TO BE RELIED UPON IN ANY SPECIFIC SITUATION. IN ALL CASES CONSULT AN ATTORNEY FOR PROPER ADVICE