Matter of P.K. v. D.K.

Summary

The Appellate Division, First Department reversed an order denying the father's objections to a Support Magistrate's determination that he owed $66,928.83 in private-school tuition arrears. The court found that the mediation agreement contained conflicting and unclear provisions concerning the father's obligations and remanded the matter to Family Court for a new hearing and determination of any tuition arrears.

Holdings

1. The finding was not supported by the record because it was seemingly inconsistent with the terms of the parties' mediation agreement.
2. The Support Magistrate's order must be vacated and the matter remanded to Family Court for a new hearing and determination of the father's tuition arrears, if any.

Questions Presented

1. Whether the Support Magistrate's finding that the father owed $66,928.83 in private-school-tuition arrears was supported by the record.
2. Whether the conflicting provisions of the parties' mediation agreement required a new hearing to determine whether any tuition arrears remained.

Disposition

reversed_and_remanded