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Fighting Against the 'SUNY Cap'

By Janice G. Inman

For many years, much of New York's legal community has believed in the supposed strictures of the so-called “SUNY cap.” If the parents cannot agree and there is no provision for college expenses in their divorce settlement agreement, then no matter what school the child actually attends, the tuition charged by the State University of New York (SUNY) represents the maximum amount parents supposedly may be compelled to pay for their children's college education.

But while the SUNY cap has taken on the aura of a rule to many New York practitioners, a recent decision handed down by Manhattan Supreme Court Justice Matthew F. Cooper is highlighting the fact that although the SUNY cap has its place, it is not the last word. That case, Pamela T. v Marc B., 2011 NY Slip Op 21355, deserves a serious look.

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