Legal Question in Family Law in New York

I am paying Child Support from a NYS Stipulation of Settlement Agreement. We agreed to the terms their was no trial. My oldest daughter is going to College in August. When I was at Family Court for modification although I did not petition the court , I asked for whether I would get a credit on the ROOM and Board College expense since my daughter will be attending College away from home. The Magistrate ssstated that since it was not in my agreement she would not change it. What are my options?? Should I petition the Family Court for the credit? Or should I address it in Supreme Court. There is case law Guiry v Guiry which favors my credit .


Asked on 7/08/11, 10:08 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Since it is not in your Stipulation of Settlement from your divorce, credit for payment for anything outside of your basic child support is voluntary and can not offset payments for child support. No court has the authority except Supreme Court to modify your stipulation. The chance of any court modifying your stip to change your child support obligation is extremely remote.

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Answered on 7/10/11, 9:20 am


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