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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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when my ex-wife and i divorced, she waived her right to child

Customer Question

when my ex-wife and i divorced, she waived her right to child support based on the formula utilized by NYS. according to the NYS calculation, at the time, I would have had to pay $1,556 a month. instead, she agreed to $200 per month, and to splitting additional expenses (50/50) such as: unreimbursed medical, educational expenses, extracurricular expenses, etc. she agreed to this type of arrangement under the condition that I give up my right to her pension (she is a teacher, and I put her through college). we have been divorced for over five years, she has since remarried and has two additional children (we have 2 from our marriage). i have one child with my partner (we are not married). my ex-wife has hosted several Au Pair's for over the last three years, and never once asked for my contribution. that is until last week, she now claims that she wants me to contribute. i don't have a problem contributing, but how would this be computed and should i see an attorney.
Submitted: 8 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 8 years ago.
First I would definately consult an attorney for the mere fact that you originally entered into an agreement far below the presumptively correct amount of child support in NY. I understand the reason for the low amount and that part is fine as you explained the deviation which is acceptably by law. My only concern is why now is she seeking the modification. My guess is that you will find yourself explaining to a judge how there may be a change in circumstances warranting a review of support however that does not change the original understand the parties reached during the divorce and you should still not pay the presumptive correct about now because you waived off her pension and future earning since you paid for her degree.
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Customer: replied 8 years ago.

thank you for the quick response, i will take your advice for sure. can you please read my additional notes.

Expert:  Daniel Solutions replied 8 years ago.
Thank you and good luck.