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?
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)
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