Legal Question in Family Law in New York

Re: child support/college

Child support matters can be very complicated. Are there divorce agreements in effect/ How old is the child? Are there other children? The amount of support also can be effected by income levels and changes. A lawyer can help determine if a petition to modify is appropriate. I offer free consultations. My contact information is in my profile.

Re: child support/college

If the court in New York made these determinations, then it is probably best for you to obtain a New York attorney to review your case. It would be best to review the net worth statement of both parties, if one was filed, or income statements as well as any divorce decree or agreement as well as the decisions of the court. No one can really answer your questions without reviewing the documents. In New York, the rule is that a parent is not obligated to pay for college unless it is part of an agreement. The court must also consider the resources of the child, including the child's ability to obtain a student loan.

There are many lawyers in New York who handle this type of case. Because we are a litigation firm in Manhattan, our fees are somewhat high - $350 per hour. If you wish to have us review your documents, please feel free to call us at (212) 267-7000.

Re: child support/college

Entry of an Order that requires you to pay $500/mo for child support, even while you must pay for college tutition & costs @ $21,000./year for 4 years, plus health insurance, and other child care costs, does not on it's face appear "Unfair,"

To wit:

a) a child's fulltime attendance at College does not mean the custodial parent's home is no longer the "home" and legal residence of the child.

b) The Custodial parent is usually required to maintain their household for the benefit of their child, nothwithstanding the child's school time away from home. A (a minor, in NY under 21yr old) college student's, "residence" and "home" is with the custodial parent. It is Not the school, nor it's environs, for purposes of going to the school.

d) If a non custodial, payor parent's income is more than adequate and sufficient, a NonCustodial parent can be required to pay for whatever his/her "child" may require, or what may be warranted, re the child's health, education and welfare, proportionate and relative to the parent's, employment, status and income.

To wit: If you earned substanially less than $150,000.00/year, THEN payment of $21,000.00yr, (the "Add On")plus $500/00/mo, (Basic CS) could be considered onerous. Although, the Basic CS may be less than 17% of your income, it would be More "aggregate child support" than a Court normally requires a non custodial parent to pay, absent "Special" circumstances.

The above referenced reasons, or others, should have been disclosed to you, and is on record, as the basis for the Court's decision. If the ruling was patently "unfair," for whatever reasons, it should have been easily modified upon your Appeal.

Suggestion:

Tell your daughter how you feel about her. Ask her to spend more time with you. Tell her You miss her, love her, and have always been there for her,... maybe not in person, but the money you pay and paid, IS important too. Tell you are jealous of her and her mother's thing,... Tell her you resent feeling used and abused. Be honest. You did not question the large tuition amount of money you have to pay. YOU object to the "child support" piddling sum, used for "visiting" with the mother and the "cell phone," for calls to the mother.

Good luck,

Phroska L. McAlister,ESQ

As you indicated, the Court for reasons that should have been disclosed to you on the record