QUESTION
What are the chances that my child support modification request will be granted to me as per my understanding of our agreement.
Asked on Jul 12th, 2019 on Contracts - New York
More details to this question:
I was divorced in 2003 and signed a "Opting Out Agreement" that states the following about my child support obligation: "Any and all child support obligations established by this Agreement shall continue until the happening of any one (1) of the following events: 1) the child attains the age of twenty-one (21) years; 2) the child turns the age of twenty-three (23) years and is enrolled and attending an institution of higher education; 3) the child marries......." I filed a petition for modification based on the fact that my child turned 21. We had a hearing and the judge/magistrate says #1 and #2 above are conflicting and gave us some time to either work it out ourselves or that the case will go to court. What are my chances that the court will rule in my favor, that is, stop the child support for the child when s/he turns 21?
1 ANSWER
Very hard to say as the clauses are conflicting. The first seems clear, but if it really meant what it said, why would you need the second? The judge is going to have to figure out from your testimony and any other evidence exactly what the parties intended.
Answered on Jul 13th, 2019 at 8:24 AM