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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 26747
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am seeking help by matrimonial lawyer. Divorced for years.

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I am seeking help by matrimonial lawyer. Divorced for years. Child going to college.
JA: Are there any minor children from the relationship? What is the custody situation?
Customer: 1 child. 17 will be 18 in August. I have legal/res custody
JA: Has anything been filed or reported?
Customer: Divorce was finalized in 2004.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No agreement about college. Yes, situation is this: I received 1800/month child support. My son has gotten into college where his dad works. His dad wants me to pay half of tuition, room/board and he will pay other half as long I stipulate he doesn't have to pay child support any longer I want to know if they think this is fair and if I do agree - how should I go about process. Thanks
Does the father have any obligation to pay for college tutition or this is something he would do voluntarily?
Customer: replied 2 months ago.
We went through long hearing and divorce ended by Court Order. Order does not make any findings about College - states we will have to revisit issue
Customer: replied 2 months ago.
I'm good with text chat and not phone call, thanks
Thank you. The younger child has a right to child support. That can not be give.mn up or waived so that the father will simply pay for and share in the cost for the older child. If you did this the court would not allow it since it is depriving the young child of their entitled support. Now, if the court order allows you to revisits college and having it ordered that he pays you could motion the court for it and ask
Customer: replied 2 months ago.
There is no other child. He's the only child. He will turn 18 in August. He will live on campus. I live in NYS.
Oh I am sorry. The way it was typed made it appear there is another child
Customer: replied 2 months ago.
Not a problem.
No his obligation to pay will remain. You do have a right to motion the court for college expenses as well if this was reserved by the court and can be revisited.
Moreover you would want to get something ordered by the court since he may stop paying for college after a year and you will.l be stuck
Customer: replied 2 months ago.
The sticky part is that he has to take him as a Dependent on his taxes for my son to get the tax break. I'm afraid if I don't stipulate to what he wants he'll refuse to do so and my son won't be able to attend college there. It feels like extortion.
Customer: replied 2 months ago.
sorry didn't mean tax break - meant tuition break
Then take him back to court and get it court ordered or seek an attorney to reduce this agreement to writing so you are protected if you need to sue him
Customer: replied 2 months ago.
Okay. Thanks. One last question. I had spoken to my previous attorney - who is great and she said same thing basically - but she wants 15K retainer and hourly rate very expensive. Do you think this is something I can do myself? Could I do it in Family Court - or would i have to go back to Supreme Court? Of course, deadline to make deposit is 5/1. Thanks so much
I think 15k is a lot and you should use an attorney to make sure you are protected. You may want to consult with a few other attorneys to see what they will charge for this.
Customer: replied 2 months ago.
Okay. Thanks for your help. I appreciate it.Have a good night
Same to you and thank you again. If you have not already I kindly just ask that you rate my help at the top at this time so the site will provide me with the proper credit for my help
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