Child support order negotiated in divorce settlement stands

When a marriage that involves children comes to an end, child custody and child support matters are often big issues that need to be resolved. As is the case with all issues addressed as a part of a divorce, child support is something that should be taken seriously. While there are circumstances in which the agreement can be modified, it may be followed far into the future. A New Jersey father learned this firsthand.

The man and his wife divorced in 2009. At that time, as a part of the divorce settlement, the man agreed to pay 50 percent of law school for his daughter provided she maintained a grade point average of at least a C. A couple years following college, applied for law school in 2012. She decided to attend Cornell and then sought the financial support promised in the divorce settlement. At that point her father sought to change the agreement.

He man made several arguments. The first is that he and his daughter are currently estranged. Next, he asserted that the break she took after undergrad exempted him from the previous agreement. Last, he alleged that if he was going to pay half of the tuition he should be able to help her select the law school she would attend. He offered to pay less if she would attend the school he teaches at and live with her mother.

In response to the counteroffer, the girl’s mother, who is paying the other half, took her ex-husband to court. Both the lower and appeals courts upheld the terms of the initial divorce settlement.

While the father in this case was not successful, under certain circumstances it is possible that changes to a divorce settlement can be made. For the best result in these type of cases, most find it beneficial to work with a lawyer who handles family law matters.

Source: New York Daily News, “N.J. dad must pay $112,500 of estranged daughter’s law school education per divorce settlement: judge,” Sasha Goldstein, March 6, 2014