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Q: I pay about $3000 in child support each month and my oldest just started college. I pay $1000 per month to the school toward tution/room and board. Can I deduct this payment from the child support and pay only $2000?
A: I agree with the other postings – you cannot do so if there’s a court order of support. You nevertheless can petition the Court for a modification to get that credit. How likely you will be is dependent on a number of factors, including whether you pay support pursuant to a mere order or pursuant to a written Settlement Agreement. In any event, if you are looking for a consultation with a Family Law attorney, please feel free to contact my White Plains office for a consultation at 914-468-0968.
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