Q: My ex and I closed a case agreeing to take full financial responsibility for each of our two sons. One lives primarily with him and one with me. I have responsibility for one and he for the other. He is threatening now to sue me for support. What is the typical reaction of the court? Can he just claim that he has changed his mind? I do make a higher income than he does. But the expenses for my other son are higher. They are both special needs children. The son with me is in a private school for someone with his needs. My ex has no interaction with the son that stays with me and has not seen him in 2 1/2 years. I sacrificed one of my custodial days with the son that lives with him to get my son who lives primarily with me to the school that meets his needs. I see my son that lives with him every other weekend and holidays. Does the change in visitation change the equation?
A: David’s Answer: Yes, he can just “re-file.” The Courts cannot foreclose one’s ability to file for child support. If the Court had reduced your agreement to an order, however, then he can only generally re-file if (a) 3 years has passed since the order, (b) there’s been a 15% change in incomes, or (c) there’s otherwise been a substantial change of circumstances. Schedule a consult with a Dutchess/Westchester Child Support attorney for a full assessment. – David Bliven, Westchester Child Support Attorney, (www.Blivenlaw.net)