Legal Question in Family Law in New York
family matters
I am in the process of taking my ex back to court to ask for a increase in child support to include college expenses. My ques. is college was never discussed in the original divorce papers. I recieve child support of 119.00 wk. I make considerably less then he does. My son has gone to him and asked him for help and he refuses. He is financially able to help but refuses. I do not have a lwayer and can not afford one, he however does. I want to know if I even stand a chance of winning if it wasn't stated in the divorce. We have been divorced 5 years. My son who is extremely gifted deserves to go to college, but I can't afford the extras without help. He is getting loans but there are things that won't be covered. Is there something I could do to help prepare my case? He will be attending college about 100 miles from where we live. I paid for him to go to college his senior year and it was 3000.00. I can't do it again, I only make 16,000.00 a year. We went without alot so that he would be able to go. He is doing very well maintaining a 3.75GPA and has a 92 average in his highschool classes. So this kid deserves a chance at a college education. What can I do? Help! Thank You for your time!
1 Answer from Attorneys
Re: family matters
Suggest that you request upward modification of child support based upon father's "real" income and standard of living.
However, with respect to College costs and expenses suggest that you try to "Negotiate." You might ASK father to pay a pro rata share of such costs in exchange for something else. Perhaps you could offer to Allow him to claim your son on his tax returns in alternate years; have more input in your son's life, without you, etc..
In Court, if necessary, highlight father's "standard of living," ie., his education, resources, lifestyle, etc., in contrast to son's, with you. Argue that father, in bad faith, deprives son from receiving, what he should be considered entitled to receive from his father, and argue that the Court should rectify this disparity, for good cause.
Courts often recognise that a child is entitled to have and maintain, to the extent possible the "standard of living" and benefits, he/she would have, had their parent's marriage continued. So, try it, you might succeed.
Good luck,
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