Legal Question in Family Law in New York
I have lost my job and cannot find one that pays what I made. If my child is going to college soon, can I also go back to school full-time (no income earned) to learn a new career that will be able to pay the amount I have received in the past? Or would the court say I have a financial obligation (her college tuition/support) and would not let me go back to school full time and demand that I get a job even if it pays significantly less.
1 Answer from Attorneys
First, you need to consult with an attorney in person. You have issues that can not be covered in an e-mail.
Second, I recommend that you file a petition for a downward modification of child support. You have grounds that are beyond your control that could qualify you to a modification.
Third, you need to have an attorney review your stipulation of settlement from your divorce or if you do not have one you need to show the attorney any court order or agreement on child support.
Lastly, you need to carefully review the provisions in any agreement or order on college. If there is a provision you may have to go to court and try to get it modified, if they are silent, you have nothing to worry about. The only time you are required to pay for college is if you agreed to it or a court ordered you to pay.
If you would like to discuss this further, you can contact my office at 516-746-4747 or [email protected].
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