Q: In December 2013 was laid off from work. Child became a freshman in college at private university. That academic year already paid for. in 2014 child needed to take a loan and again in 2016. NCP refused to co-sign for any loan and only paid their share of costs advising it was not their problem. Stipulation of divorce states that both parents should pay tuition and fees only up to the cost of SUNY Albany. (SUNY cap). I found work in 2015 and have only been working one year. NCP now petitioned that I have not paid my share of tuition and fees, however the is no outstanding bill for the school. What recourse is there for me to dispute the allegations?
A: David’s Answer: You should file a modification petition if your financial circumstances have changed. If your stipulation of settlement was executed prior to October, 2010, then the standard to change it may be “unanticipated change of circumstances” meaning you’d have a tough time making out a defense. Schedule a consult with a Westchester family law attorney for a full assessment.