In a Decision – Berkowitz v. Berkowitz (an "Unreported Decision") >> the Court Held:
The Appellate Division affirmed the Decision of the Trial Court determining that no college cost contribution by Husband was required..
The judge found the testimony and evidence troubling but also noted the timing and failure to contact the police did not "make any sense" to the Judge. On appeal, the court reversed, finding the lower court judge erred in her determination that Husband's actions did not constitute a predicate act of domestic violence. The Appellate Court found that the Divorce Agreement did not impose upon Husband an obligation to pay for college and as Wife waited three years to pursue a court order, after the child graduated from college, the lower court properly considered this delay in its analysis as weighing in favor of denial of Husband's required contribution to college costs of the child.