QUESTION
College expenses include travel, automobile expenses Ex thinks this should be percent of school travel
Asked on Sep 28th, 2013 on Divorce - New York
More details to this question:
Our agreement for college includes: tuition, room/board, books, reasonable costs for travel and activity expense, automobile any supplies, off campus housing, food.... Sending our daughter to a community college to me means a car replaces boarding. The college even budgets for travel at $2,400 per semester.. My Ex thinks these expenses should be a formula based on the traveled miles to and from classes from all her other travel. His calculation is 9.1%. In addition our agreement states on his parenting time he is to pick up our girls at my home. Now that our oldest does have a car she now brings them all to and from his house in addition to running her sisters to whatever commitments they have on his weekend for him. He lives 20 miles from me one way. What rights do I have to take him back to court as this has gone on for a year now and he owes me over $5k and I cannot sustain this. In addition to our second will be ready for college in 2 short years.
1 ANSWER
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You can either try to enforce the divorce agreement in Supreme Court, or try to go to Family Court to adjust support (including the college expenses).
If he doesn't want to be reasonable and work out an agreement with you, then maybe he needs to resume picking up the kids from you and returning them to you (aka, "sorry honey but you can't drive your car on dad's weekends"). That might encourage him to cooperate and be flexible, so that you can return to being flexible with him.
Regardless, take your agreement and any divorce papers to a lawyer near you for a more detailed assessment of your case.
Answered on Oct 01st, 2013 at 3:46 PM