bmha727
journeyman
Reged: 03/29/05
Posts: 69
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I live in NYS. My ex and I had a verbal agreement to split our children's education 50/50. It was also put into our custody agreement, which the presiding judge did however cross out the agreement, stating it was an issue for CS and not custody. In any event, he now informs me that he will only pay 1/2 the tuition when he can afford it. Also, we had a verbal agreement that all school supply costs will be split 50/50 also. He did give me 1/2 of what I asked so far, but turns around and tells me that the agreement was only for 2 years (after admitting in an email today, no less, that he DID in fact give me 1/2 of the supply money this year)--more than 4 years after our sons started school. My CS now is based on 14,000 a year and he claims that he can no longer afford any more support, or only when he is making money (he is in construction). I did a rough estimate of what he pays out in CS for all his children (3), his mortgage, car insurance, tuition and it equals way more than the 14,000 he claims he makes. He stated that I should get a part time job to support the kids (I recently took a 6,000 pay cut) and if I take him to court to get more $$, he will ask to have it reduced. What are the chances this will happen? Also, he says that if public school is good enough for his other child, it is good enough for our boys. Any idea how the courts will decide this? Will I still be able to get money for their schooling?
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Pete
member
Reged: 12/30/04
Posts: 132
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Verbal agreements are meaningless. CS is different than custody, completely separate issue. If you request an increase in CS, and his income does not warrant it, then it could possibly be reduced. If neither parent appears to have the assets for private tuition, then what is the issue? It is both of your responsibility to provide as best you can for your children, it not just his responsibility to cover all bets. That being said, you also had a pay cut indicating that certain financial decisions need to be made, one of them being eliminating tuition where possible.
Anything provided outside of the specific orders for payments is neither an admission that it "should" be higher, nor does it constitute a basis for permanent change. (your example of 2 years, vs 4 years in school and the supply issue).
Even you state you did a rough "estimate" of what his expenses are. Unless you are privy to his specific expenses, and whether or not they are current, your estimates are also very meaningless. In court he will have to provide proof of income to support a claim of needing reduced CS amount. Will you still be able to get money for their schooling? You can't get blood from a stone, and even if they order it, if he cannot pay, there is still no money.
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Integrity is doing the right thing when no one is looking.
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