Child Support

Q:  Ex spouse signed settlement stipulation for child support. It is now fully executed. The party now wants to change the stipulation before it is entered into court for an order. Is this allowable? Also in stipulation we are each responsible for child's college tuition. She is taking out student loans against my wishes. Is the other party legally responsible for tuition if she wishes to take out loans?

Additional information

 

Rephrased question: My ex and I both agreed to pay her college tuition with a SUNY Cap. My daughter lives with my ex and is taking out student loans to pay her tuition against my wishes since my ex and I agreed to pay it. Her tuition at the public college she attends is much lower than the SUNY cap. I believe my ex has convinced her to do this to get out of paying tuition. I also pay child support which should be used for her living expenses, so there is no need for her to tale out loans Can she do this? I have repeatedly asked for the tuition bill but have not received it? Are my ex and I obligated to pay tuition if my daughter takes out loans? How can I argue that my ex should be paying a portion of tuition as per our agreement rather than putting this debt on my daughter?


A:  David's Answer:  Preliminarily, it's not so easy an analysis as "most courts will not make parents pay for private college." The law may be different in other states (I don't know), but in NY, the analysis turns on the respective parties' ability to pay. If the respective parties have incomes to not only meet their basic expenses but ALSO contribute towards private education - and same was reasonably anticipated by the parties as an outcome for their child - then the courts may make the parents pay for private school. That said, the legal standard for modifying an agreement is generally "unanticipated change of circumstances." This means it's generally quite hard to change an agreement once it's executed. You're best advised to schedule a consult with a White Plains Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How can I prove my sons mother is presenting fake paystubs for him she made to show his income?what happens after she is caught?

Q:  My son has been working full time since he graduated.I filed for a termination.She had to give me copies of his pay stubs.I found a website with almost the same exact template for sale.I believe that she made the ones she gave me.


A:  David's Answer:  You would need to subpoena the actual paystubs from the employer. They would need to be properly certified by the employer. Schedule a consult with an Orange/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My child support can be reduced if I have a change in 15% or more in my income. Do I need an Atty or can I apply to the court

Q:  Its in my agreement


A:  David's Answer:  You are (almost) always better off having an attorney than not having one. Merely because you've had a change in your income only allows the modification to be filed - it does not guarantee the actual order will be modified. You're best advised to schedule a consult with a Dutchess/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Confused about what happens with child support , when one of my children come move with me ?

Q:  I'm a non custodial parent of 2 children 13 & 17, I pay 900.00 a month in child support to their mother. My son turns 18 in April and will be moving with me. what action are required to reduce the percentage and will the mother have to contribute toward my 18 year who will be living with me. And if so does any of that amount just get deducted from the amount that I give her for my other son staying with her. Also my medical insurance has increase from 52.00 a week to 155.00. I do have my current wife and daughter on the insurance also. Will judge consider my increase in insurance to the amount of support I'm ordered to pay. Mother only works part time job, making approx. 10.00 an hour.


A:  David's Answer:  You would need to file a modification petition upon the change of custody - in addition to a separate petition asking for a support order in your favor. The court is likely to do an "off-set," meaning just one order giving you credit off your order for the amount the mother would otherwise pay to you in support. Moreover, you need to get a letter from the insurance company showing the additional amount you're paying (or will be paying upon the increase) to cover the child. The Court should also give you a credit for that, but needs the letter in order to do so. Speak to a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I am paying only child support for my 2 kids. I am having a baby with my fiancé who doesnt work. Can I get my support modified?

Q:  Paying only child Support and we live in NY


A:  David's Answer:  Generally you cannot get a reduction. The first children to win the race to the courthouse get the first cut of your income. Each subsequent child you have gets a lesser & lesser percentage of your income. It's a built-in disincentive to discourage people from having children they cannot afford. Even if you were to try filing a petition for modification on the basis you present, a necessary element of same would be your fiancé's ability to earn income - regardless of whether she's actually earning same or not. Schedule a consult with a Dutchess/Westchester Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Support magistrate was given letters disparaging me request her to recluse herself and she refused stating she didn't read them.

Q:  Turing here she revered to the contents of letters written disparaging me a few times. When si reviewed the file I found many letters many of which I was never copied on along with a copy of s past divorce in a different court fiffernet last name in the file. I think the out come should be void and want a change of venue as the other magistare will know that it was transferred for that reason. What steps do I need to take?


A:  David's Answer:  More facts would be needed as to how the letters got there & in what way the Magistrate referred to them. Generally your remedy is to file an Objection appeal and ask the Judge to overrule the Magistrate. Speak to a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Retroacting child support back a year?

Q: . Can a judge retroact back a year? She saying she can not reimburse me back a year of my daughter not living there cause i did not file court paper but i just found out recently my daughter was not living at her mom. She also stated my letter from the ex boyfriend was just a he/she said letter.

Don't you think that proof and evidence that my daughter was living at boyfriends and not moms house. I had them notarized the letter too. Also the judge state that my daughter could be living at boyfriends house 95% of time and 5% at moms and she could still collect child support is that true?

So the judge is still making me pay child support. Can you help me figure out what i would be paying in child support


A:  David's Answer: If the child is not living with you, then the issue is NOT one of termination of child support. The most you can get accomplished under such circumstances is a change-of-payee. In other words, if your contention is that the child is really living at the grandmother's house, then the most you can accomplish is to have payments go to the grandmother & not the father. If you object to where the child's living, then you'll need to file a custody modification petition. Schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)