Legal Question in Family Law in New York
Amendment of out of state divorce decree by wife now living in NY
A man and woman then living in another state entered into a divorce decree that stipulated child support for each child would end at the later of that child's graduation from high school and that child's turning 19. The woman then moved with the children to NY. Can the man be forced to continue paying child support beyond high school graduation/the age of 19? Can the man be forced to pay college tuition?
1 Answer from Attorneys
Re: Amendment of out of state divorce decree by wife now living in NY
Based upon the information provided, the answer is "probably." New York courts use the "best interests of the child" standard when considering questions regarding the children, and will use all their power towards that end, including modifying any agreements, etc. the parties may have entered into before.
However, a person can put up a good fight and have the old agreement enforced, but it all depends upon the circumstances.
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