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College tuition/divorce in ny

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LMP

Junior Member
What is the name of your state (only U.S. law)? NEW YORK

My divorce was final in 2006. One sentence read each party agrees to equally contribute to extra curricular activities. My daughter was 14 at the time. I paid half of her dance plus child support every month, until she needed braces. i had a verbal agreement with my ex that i would pay the full orthodontist bill and she would pay the dance. I paid the full $8,000 orthodontist bill. Shame on me for not putting the agreement in writing. My ex took me to family court and was awarded $7000 in dance fees.

At that time my ex also asked for half of the $40,000 a year college my daughter is not attending. The divorce only had one sentence "the non custodial parent may be required to pay certain educational costs." The magistrate threw this part out saying i was not responsible for it. However she did tell my ex that she could go back to supreme court and have our divorce reopened.

The facts are: my ex did not consult me with the choice of college until my daughter was already enrolled and the first payment was due, i then told her i could not afford it but would give her half of a state school, i also had a discussion with my daughter about not being able to afford it and my daughter agreed she would take loans and i would give her 10,000 when she graduated, there are a total of 5 suny schools that have my daughters major, my ex did not attend college, i did for one semester and dropped out, my daughter went to public grammar and high school

my questions are - how easy is it to reopen a divorce in ny to include college? could a judge make me pay half of the 40,000? and since my daughter is finishing her junior year would i be responsible for the years that have already passed? if i am can i have my child support reduced?

i make 120,000 a year and also have a 3yr old and 4yr old to take care off and i pay 1200 a month in child support. my ex makes about 60,000a year

thank u in advance for any help
 


BL

Senior Member
How long ago was this order you pay 7 grand entered into record?

Date on order ?

Date you received order?
 

BL

Senior Member
Mar 3, 2011 and i paid the money immediately
Ok so you didn't file a written objection as you were allowed to do within 30 days .

I have no experience in reopening a divorce .

Mine was entered into record that incorporated Family Court orders.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? NEW YORK

My divorce was final in 2006. One sentence read each party agrees to equally contribute to extra curricular activities. My daughter was 14 at the time. I paid half of her dance plus child support every month, until she needed braces. i had a verbal agreement with my ex that i would pay the full orthodontist bill and she would pay the dance. I paid the full $8,000 orthodontist bill. Shame on me for not putting the agreement in writing. My ex took me to family court and was awarded $7000 in dance fees.

At that time my ex also asked for half of the $40,000 a year college my daughter is not attending. The divorce only had one sentence "the non custodial parent may be required to pay certain educational costs." The magistrate threw this part out saying i was not responsible for it. However she did tell my ex that she could go back to supreme court and have our divorce reopened.

The facts are: my ex did not consult me with the choice of college until my daughter was already enrolled and the first payment was due, i then told her i could not afford it but would give her half of a state school, i also had a discussion with my daughter about not being able to afford it and my daughter agreed she would take loans and i would give her 10,000 when she graduated, there are a total of 5 suny schools that have my daughters major, my ex did not attend college, i did for one semester and dropped out, my daughter went to public grammar and high school

my questions are - how easy is it to reopen a divorce in ny to include college? could a judge make me pay half of the 40,000? and since my daughter is finishing her junior year would i be responsible for the years that have already passed? if i am can i have my child support reduced?

i make 120,000 a year and also have a 3yr old and 4yr old to take care off and i pay 1200 a month in child support. my ex makes about 60,000a year

thank u in advance for any help
In general, a modification would not be retroactive. Furthermore, in some states, any request for college must be made before the child turns 18. I'm really not sure that applies in NY since your state is a little strange on CS, but that's the kind of question I'd be asking an attorney.
 

LMP

Junior Member
Thank you for the responses, i am glad to know about a modification not being retroactive, just need to find if ny has that rule that you must request it before the child is 18
 

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