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With that language, there is no clear cut answer to your question.
The first move here is yours. You have a choice here, do nothing and stipulate to him paying the lower amount or take him back to court to try to get the court to order him to pay the full 1/2.
If you file the motion, the court will need to make the determination as to the appropriate result. Your former husband's argument would be simple, he is paying 1/2 of the net cost. Your argument would be that the agreement is for him to pay 1/2 of the actual cost of the college. In support of your argument, you would point to the language of "ALL school fees" as meaning ALL fees, not subtracting out any grants.
Candidly, I would suggest that this is a very close call and it would be impossible to predict with any accuracy what the judge would do with these facts.
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Not to my knowledge. To err on the side of caution, I researched the issue a bit, and, unfortunately, didn't locate anything. Part of the problem, I would suggest, is that these are two very separate and distinct areas of the law, that being tuition assistance and divorce. In other words, there isn't anything obvious that would address both.
As I suggested earlier, this is one of those situations where it will be at the discretion of the court as to how to rule. In the absence of clear language in your divorce agreement, the judge has the legal authority to rule either way.
If you think this is worth fighting over, then file a motion and bring the matter before the judge. If it isn't worth the hassle to you, then I suppose you should forget about it. There's no "wrong" answer here, it's a matter of what makes the most sense to you.
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A modification of child support, whether up or down, would be based on a substantial change in circumstances. For example, if the father was making significantly more money and/or you were making less money. Other examples of a substantial change could include the aging of the children, the custodial arrangement changing (spending less time with the paying parent), unusual medical needs of the child and the like.
As to what you would need for documentation, it would depend greatly on the allegations of change. For example, if you were claiming that his income had increased significantly, you would want to obtain his financial records. This would include his pays tubs, tax returns and supporting documents, credit card statements and banking statements. You would be able to obtain all of these as the litigation progressed.
If anything requires clarification and/or follow-up, please let me know.
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New York child support calculations do take into consideration the income of the receiving spouse as well. So yes, a decrease in your income could be the basis of a modification of the support obligation. One caveat to that, the decrease should not be a voluntary decrease. For example, you wouldn't be able to seek a modification if the basis for the modification was that you quit your job. Conversely, if you were a victim of the bad economy, that might lead to a modification.
As to his income, as well as any other financial information, while you might not "have access" at this time, you would once you filed for the modification. Once that occurred, you would have the lawful ability to request whatever records you needed.
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