Nature of the Case
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Facts
The parties, both of whom are attorneys, have regularly returned to court since the entry of the judgment of divorce in 2008 to litigate an endless succession of post-judgment motions. This motion, their sixteenth, results from what one would normally assume to be a cause for celebration: the acceptance of their elder child, who has struggled with a learning disability, to Syracuse University and his decision to attend that institution of higher learning. F insists that he should be able to invoke the SUNY cap and not be made to pay any more than he would have had to pay if the child had opted to attend a state-funded public school in the State University of New York (SUNY) system. In 2007, their elder child was diagnosed with 'moderate emotional difficulty' and learning/anxiety disorders, which necessitated certain educational accommodations (e.g., extra time for exams). Despite this diagnosis, he graduated in 2011 from Beacon High School, a selective public high school in Manhattan. He was accepted at Syracuse University, SUNY Binghamton and SUNY Buffalo, along with a number of other schools. Syracuse, which awarded him $3,000 in financial aid, costs approximately $53,000 a year to attend as an undergraduate, while SUNY Binghamton and SUNY Buffalo cost only about $18,000 a year. Although the child visited Binghamton and gave serious consideration to going there, he ultimately decided to attend Syracuse. He is now a freshman there studying computer engineering and computer graphics. F and M both earn a little over $100K per year. With a net worth of $500k and $1,200K. P seeks an order for F to pay ½ the college education costs to Syracuse and to also pay ½ for their second son when he goes to college. F seeks to invoke the SUNY cap and limit his responsibility to a percentage of the costs of a state university education rather than to a percentage of a private college education.
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