Legal Question in Family Law in New York

Tuition Payment

I have been divorced for about 5 years now. In the stipulations, after evaluation of both our incomes at the time, it was determined that my income represented 23% of the total and my ex's income 77%. We have 2 children, one lives with me, the other with my ex. I have to pay him 23% of what was deemed necessary for child support for the son that lives with the ex and he has to pay me 77% for the child who lives with me (my payment is offset against his, so he pays me the net amount). It states in the stipulations also that if there are any medical payments that are not covered by insurance, I am to pay 23% of the payment and my ex 77%. One of my sons is currently going to Catholic school and we have to pay tuition (when we divorced my son was going to public school - no tuition). Can I assume from the stipulations that I have to pay only 23% of tuition and the ex pay 77%?


Asked on 2/12/07, 10:15 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Tuition Payment

If your EX did not consent, actually or constructively that your son should attend catholic school, and school tuition was not referenced or otherwise included in your divorce settlment, you may not assume anything about the tuition matter.

Suggest that you ASK your EX for his input, cooperation, thinking, etc.. And, ASK him what he thinks is fair, should be done, and what he is willing to do, re your son's tuition.

Alternatively, you have the option of returning to Court, for the tuition. But, you should be advised that unless your EX agreed or consented to your son's attendance at the school, asking for tuition, you might be out of luck.

Good luck,

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Answered on 2/12/07, 6:24 pm


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