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#221969 - 07/09/09 02:28 PM Child support reversal? Lawyer question
SteveBradley Offline
New User

Registered: 07/09/09
Posts: 1
I have a seperation agreement that calls for the ending of child support at age 18 (instead of age 21), in exchange for my assumption of all college expenses. Prepared by 2 lawyers, signed by both parents and signed off by courts 6 years ago. Support has now ended and child will be in college shortly. Now ex wants to have child support reinstated. Can court reverse what was already agreed on and is finished?


Edited by SteveBradley (07/09/09 02:38 PM)

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#228163 - 11/13/09 09:11 AM Re: Child support reversal? Lawyer question [Re: SteveBradley]
asdfjkl Offline
Member

Registered: 10/22/06
Posts: 18
A court CAN, but given the circumstances it seems unlikely. What grounds is the ex using for reinstatement? As long the agreement has a judge's signature on it (ETA - and is the most current agreement in effect) and a fair exchange seems evident (meaning, child will still receive aid up through the age of 21), I see no reason for a court to overturn a pre-existing judgement.


Edited by asdfjkl (11/13/09 09:19 AM)

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#228203 - 11/13/09 04:54 PM Re: Child support reversal? Lawyer question [Re: SteveBradley]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
I believe your agreement is not within the scope of the law. Child support in NY goes to age 21 if the child is in college. However, the court will probably uphold your agreement to pay for the full college expenses. Your agreement should have been written that college expenses be split.

You will need a NY attorney consult to make sure. Good luck.

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