Legal Question in Family Law in New York

Change of cirucmstances

My exwife and I have had a very amicable divorce. She stayed at home for 15 years taking care of home and family. Since she began to go to school after our divorce and since she only worked part time, I offered her maintenance (rehabilitative) for a period of three years. She was agreeable to signing a handwritten note on our stipulation saying that she would not ask for more childcare than she needed. She needed 10 hours per week during school sessions and 15 hours per week during summer vacation. She has since completed her schooling and is now looking for full time work because her current part time job offers her no health insurance, personal or sick time, etc. The original court documents state SO ORDERED By the Judge, for her to receive 90 percent of the ''reasonable'' child care expenses from me. If she returns to work full time, she will need more child care, our youngest is 7. I am confused now as to what percentage we will both have to pay and whom do we direct our new needs to? Family court, a lawyer? Thank you for some clarifying information as to how we next proceed.


Asked on 3/27/05, 9:39 am

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Change of cirucmstances

You need to review with your attorney the Stipulation or Agreement concerning the extent to which the present circumstances were or are not covered in the Court order or Stipulation. And, review the Stip grounds for modification of the Agreement or Order. ( Usually "substanial change" that was unanticipated at the time of the agreement).

Then decide whether negotiation with your EX would help to clarify whether there is, or will be a "substanial change in circumstances" (yours, hers or the children's) that would warrant (a Court) changing the Order, that incorporates your prior Agreement terms.

If you both agree, your child support & child care payments can then be adjusted without court intervention, and memorialized in writing. You can then submit your novation or "new" written agreement to Court for modification of your prior child support, child care order.

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 3/29/05, 2:55 pm
richard feldman richard d. feldman

Re: Change of cirucmstances

sounds like you will have to pay 90% of what is reasonable if you can't agree what reasonable is a motion in Supreme Court can decide that

Read more
Answered on 3/27/05, 10:43 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York