JOYCE MESHEL, plf-ap, v. JEFFREY MESHEL, def-res

2488. JOYCE MESHEL, plf-ap, v. JEFFREY MESHEL, def-res — Cox Padmore Skolnik & Shakarchy LLP, New York (Steven D. Skolnik of counsel), for ap — Mark S. Helweil, New York, for res — —Order, Supreme Court, New York County (Lori S. Sattler, J.), entered March 9, 2016, which, to the extent appealed from as limited by the briefs, denied plaintiff mother's motion to direct defendant father to cease deducting the parties' son's college expenses for room and board from defendant's child support payments for the parties' daughter and to direct him to pay the resulting child support arrears in the amount of $3,073, and granted defendant's cross motion to direct plaintiff to pay defendant's counsel fees of $3,000, unanimously modified, on the law and the facts, to deny defendant's cross motion for attorneys' fees, and otherwise affirmed, without costs.

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2488. JOYCE MESHEL, plf-ap, v. JEFFREY MESHEL, def-res — Cox Padmore Skolnik & Shakarchy LLP, New York (Steven D. Skolnik of counsel), for ap — Mark S. Helweil, New York, for res — —Order, Supreme Court, New York County (Lori S. Sattler, J.), entered March 9, 2016, which, to the extent appealed from as limited by the briefs, denied plaintiff mother’s motion to direct defendant father to cease deducting the parties’ son’s college expenses for room and board from defendant’s child support payments for the parties’ daughter and to direct him to pay the resulting child support arrears in the amount of $3,073, and granted defendant’s cross motion to direct plaintiff to pay defendant’s counsel fees of $3,000, unanimously modified, on the law and the facts, to deny defendant’s cross motion for attorneys’ fees, and otherwise affirmed, without costs.

The parties entered into a stipulation of settlement regarding permanent custody, pursuant to which plaintiff had sole legal and primary residential custody of the parties’ two children. The parties further entered into a stipulation resolving the parties’ financial issues, which provided that defendant would pay $6,000 per month for the support of the children. Both the custody and financial stipulations were incorporated into, but not merged with, the judgment of divorce, which provided, inter alia, that defendant shall be entitled to a full credit against all such monthly child support payments for any and all amounts he contributes toward the cost of the son’s room and board while away at college, provided, however, that the annual amount of the credit shall not exceed $24,000 per year until the son’s graduation from college.

JOYCE MESHEL, plf-ap, v. JEFFREY MESHEL, def-res

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