Q: I have two kids, 18 and 20, for whom I have paid support for 12 years under a NYS decree. I have never missed a payment and for many years spent thousands extra to fly the kids for visits (mom moved to another state without permission.) Now my 20 year old son lives with me, in an apartment I built for him at his request. Once he moved in, I tried to work out a new agreement with my ex, but then filed for a support modification based on change of circumstances, thinking it was better to let the courts decide, especially since a new order will be necessary for the 18yo once the 20yo emancipates. Now my ex plans to counter sue for private college expenses of the 18yo. I earns 40K and have been paying $800/month. Should I withdraw the petition and just keep paying? I also have a 4yo.
A: David's Answer: First, yes you can file for modification, but if the prior support order was based on a written agreement which settled a divorce case, then the standard for modification is "unanticipated change of circumstance." Second, your ex can certainly counter-sue you for a portion of college tuition. Third, and more importantly, whether you should pursue your case or withdraw will depend on an analysis of the respective incomes as well as what the exact college expense you will likely be assessed with. -- David Bliven, Bronx Child Support lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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