QUESTION
MY DIVORCE WAS FINALIZED IN 2006. THERE IS ONE SENTENCE REGARDING COLLEGE "THE NON CUSTODIAL PARENT MAY BE REQUIRED TO PAY CERTAIN EDUCATIONAL COSTS"
Asked on Nov 19th, 2011 on Child Support - New York
More details to this question:
I AM THE CUSTODIAL PARENT, MY DAUGHTER ATTENDS A PRIVATE COLLEGE THAT COSTS 40,000 A YEAR-MY EX HUSBAND SAID HE WOULD PAY HALF OF A STATE SCHOOL-I TOOK HIM TO FAMILY COURT BUT THE JUDGE RULED IN HIS FAVOR, BUT TOLD ME I COULD TAKE HIM BACK TO SUPREME COURT AND HAVE MY DIVORCE RE OPENED. WE ARE IN NY, THERE ARE SUNY SCHOOLS THAT OFFER MY DAUGHTER''S MAJOR, AND I DID NOT ASK MY EX WHETHER HE WOULD BE WILLING TO PAY BEFORE ENROLLING HER. IS IT EASY TO REOPEN THE DIVORCE? DO YOU THINK I WOULD BE SUCCESSFUL IN GETTING HIM TO PAY HALF THE 40,000?
1 ANSWER
Matrimonial Law Attorney serving New York, NY
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Law Office of Gerry Wendrovsky
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The answer would depend on what the findings of the Family Court are, and the language of your divorce judgment and agreement. What is troubling is that the Family Court said to go to Supreme Court- it may be that your divorce paperwork did not give the Family Court 'jurisdiction' to re-examine the terms of the agreement. However, from what you have stated, the terms would appear to leave open the chance to address this in Supreme Court now.
Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyerwww.upperwestsidelawyer.com
Answered on Nov 21st, 2011 at 1:09 PM