Page 7 - The Suffolk Lawyer - December 2020 - Vol. 35, No. 8

THE SUFFOLK LAWYER - December 2020 7

FAMILY

Tappa Tappa Kegga: Directing Parties to Pay For College

By Vesselin Mitev Each retain counsel to draft Dad’s counsel, after now having ly objected to. Notably, the Spinner court also
what should be a straightforward developed an Excedrin-level head- pointed out that a SUNY cap is not required,
The marriage is over, and two relatively agreement, but after a series of ache, decides that rather than con- as long as such an imposition would not be an
high-earning, early 30s people decide to call unreturned phone calls, counsel tinue arguing with what appears to improvident exercise of discretion.
it quits less than 18 months after they both reluctantly fi les for a PC order. be a brick wall, to research the issue. As to extra-curriculars, the old saw that
said till death do us part. There is one child, At the appointed date and time, Luckily, the Second Department, in there is no statutory requirement to pay same

9 months of age, no issues, thank God, and Mom’s attorney advises all in at- Spinner v. Spinner, Nov. 4, 2020, pro- appears at first blush to have all been extin-
the standard assortment of a mortgaged home tendance that his client will abso- vides almost immediate respite. The guished by Second Department canon; in Spin-

with some equity, retirement accounts that lutely not sign any agreement that veSSeLin mitev second issue first (college expenses). ner, citing to 3 other cases, the court found that
would cost more to value and divide than for does not provide for: extra-curric- Much pearls are clutched in the name the trial court properly directed the plaintiff to
each to just keep their own, and of course, a ulars to be paid up to $10,000.00 a year, per of higher secondary education (although its pay “92 % of the costs of the children’s extra-
relatively harmonious self-imposed liberal year; and directing that the parties provide pro benefi ts are debatable, in this day and age, at curricular activities, including summer camp,
visitation schedule to Dad, with Mom being rata to the 9-month-old’s presumed college at- best) but when the child or children are young, up to a maximum of $15,000 per year.”
the “residential” custodian. tendance (uncapped at SUNY rates). this appears to be an obligation incurred rather However, in each of the cited cases (includ-
than an investment in an asset. ing Spinner) the only issue was summer camp,
In Spinner, the child was 14, “and no evi- which was considered an expense insofar as it
dence was presented concerning her academ- was part of child care. None of the cited cas-
ic ability, interest in attending college, choice es expanded beyond that, whatsoever and it’s
of college, or the expenses attendant with col- my opinion that until the legislature changes
lege. Accordingly, it was premature for the the DRL, extracurriculars should be negotiat-
court to direct the plaintiff to contribute to the ed but if not agreed to, there is nothing in the
college expenses of the parties’ younger child law that says a parent has to pay same.
(see Repetti v Repetti, 147 AD3d at 1097; Fe- In sum, Spinner stands for the ironic prop-
lix v Felix, 87 AD3d at 1108).” The Second osition that you may be ordered to pay for
Department held it was an error to direct the your kid to join a frat house, but not to attend
plaintiff to contribute to the college expens- the college.
es of the parties’ children, as a directive that
was “premature and not supported by the evi- Note: Vesselin Mitev is a partner in
dence” citing also Bogannam v Bogannam, 60 Mitev Law, PC, a New York litigation bou-
AD3d 985. tique in historic Stony Brook village. His
Of course, in the case at bar, a 9-month-old’s practice is 100 % devoted to litigation, in-
choice of college is necessarily inherently pre- cluding trial, of all matters including crim-
mature and any insistence upon an agreement inal, matrimonial/family law, Article 78
containing a college clause would be proper- proceedings and appeals.

SIDNEY SIBEN’S AMONG US
We Say Good-Bye to One of Our Own Tax Defense & Litigation

Michael Colavecchio, SCBA long-time of our Negligence Defense Committee.
active member, and partner at Lewis Johs To all of us in the legal community Mi-
firm, passed away on November 10, 2020. chael was and always will be our ideal. The

Born in 1965, Michael was a deeply re- example he set will long continue to influ-

spected colleague at his law firm, where he ence and inspire us.

served as a trial attorney and partner of 23 A family man, Michael leaves behind
years. He combined his charm with an un- his wife Laura, and two children, Grace
limited energy and the highest integrity. His and Matthew, who were the absolute light
genial personality and the generous instincts of his life.

of this fine man will be missed by his friends On behalf of our officers, directors,
and colleagues. He served as a lecturer for members and staff, we extend our heart-
the Suffolk Academy of Law, a member of felt sympathy.
the Judicial Screening Committee and chair ~ LaCova
Announcements,
Achievements, & Long-time member Joseph A. Miller’s
Accolades… mother, Frances Lynn Miller, died on Nov. 6,
in Overland Park, Kansas.
Edward J. Nitkewicz, of Ajlouny & Asso- Harold C. Seligman has been a member of the
ciates, an 11 year member of the South Hun- New Members…
tington School Board and an advocate for The SCBA extends a warm welcome its United States Tax Court since 1987.
children with special need, has been honored newest members: Lisa A. Baker, Ralph J. He has represented individual and corporate clients
as the 2020 New York State School Board’s Bavaro, Karen Copeland, Mario D’An- in hundreds of tax cases, both large and small,
Association President’s Award. The Presi- gelo, Eric Dubinsky, Judith B. Engelberg, over the past 30 years against the IRS and New York
dent’s Award recognizes individuals or or- Florence M. Fass, Joseph J. Ferrante, Lin- State Department of Taxation and Finance.
ganizations that have made significant con- da Filosa, Melanie Mandery, Heather Mc-

tributions toward the betterment of Public Gee, James A. Pascarella, Robert M. Pres-
Education in New York State. ton and Peter L. Vladimir. Long Tuminello, LLP
Condolences… The SCBA also welcomes its newest stu-
Cliff Petroske’s mother, Joan Schul- dent members and wishes them success in 120 Fourth Avenue
tz Petroske, died peacefully at her home in their progress towards a career in the law: Bay Shore, New York 11706
Stony Brook Nov. 22. She was 89 years old. Felicia Gaon (631) 666-2500

Inclusion in Among Us www.longtuminellolaw.com
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ments to Jane LaCova, the executive director of the Suffolk County Bar Association for publication
in The Suffolk Lawyer.