Appellate Division of the Supreme Court of the State of New York March 1, 2011 (Bederman v. Bederman)

The parties’ stipulation of settlement which was incorporated but not merged into their judgment of divorce entered September 24, 2004, provided that in the event the parties agreed, or a court determined, that the parties’ child should attend private preschool, elementary, or secondary school, the parties would proportionately share any educational expenses.