Saturday, May 17, 2014

Is this child support fraud

Q:  My ex petitioned the court for child support when our 18 year old daughter moved in with him. We settled and I am paying support and 50% of college with the SUNY Cap. She is currently attending a SUNY college in his county. However, the tuition bill states that she is being charged at the "nonresident" rate as they have failed to submit the residency statement. Although he is asking me to pay the lower "in state" tuition, this makes me doubt that she is/has been living with him since the time of his petition. Do I have the right to vacate the agreement as the tuition bill raises the question of her residency and I believe he was misleading the court? The agreement has been filed with the court but has never been entered as an order. Thanks so much in advance!

A:  David's Answer:  The Family Court can neither enforce nor modify mere "agreements." As such, if there is no court order reflecting the agreement, then you most likely can just stop paying. That said, before you do anything, I highly encourage you to call a Westchester Child Support lawyer to schedule a consult for a full assessment.   -- David Bliven, Westchester Child Support attorney (

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