NY NCP Seeking Support Modification

[digitalsparks]

What is the name of your state? New York

Background:

Feb., 2003: Ordered to pay child support.
May, 2004: I got married (wife + 4 stepchildren)
June, 2004: CP seeks modification for:
(1) Increase Child Support;
(2) Pay child day care costs; and
(3) Pay tuiton for summer classes
at expensive private school.

At the June, 2004 hearing:
(1) the judge refused to increase CS payments;
(2) I offered to pay day care costs - no
arguments or problems; the court acepted the
offer and wrote it into the agreement; and
(3) I would not agree to paying for
summer classes.

After hearing arguments from both sides, the judge pointed out
(with noticeable skepticism) that the CP, if she would not back
down in her demands for tuition, would have to convince a trial judge
that I had to pay for the extraordinary costs of this school.
($4000 US/ summer, $30,000US per year).

My son has a learning disability (Central Auditory Processing Disorder) and the "special school" she went ahead and sent him to anyway is for children with Dyslexia - an ENTIRELY unrelated
condition. However, the school is happy to take anyone's money
so long as the child is capable of attending!

The trial is set for August 17 - what things will the judge be listening
for when gathering information to support his/her final verdict
and what would be the best approach for me to maximize my chances
for winning this latest round of court battles?

Lastly, I was married in May of 2004, a change of circumstance which
makes filing a petition for support modification a reasonable endeavor. I'm thinking this approach as a possible legal defense strategy.

Thanks!

 

[stealth2]

Lastly, I was married in May of 2004, a change of circumstance which
makes filing a petition for support modification a reasonable endeavor. I'm thinking this approach as a possible legal defense strategy.

Why?

(and I still hate the character restriction!)

 

[Shay-Pari'e]

(QUOTE)Lastly, I was married in May of 2004, a change of circumstance which
makes filing a petition for support modification a reasonable endeavor. I'm thinking this approach as a possible legal defense strategy.(QUOTE)

Getting married is not a "Change of Circumstance". The court will not recognize the four step children as a financial obligation on your part. If you have a child with your wife, that is considered a change.

 

[Shay-Pari'e]

You beat me to it Stealth.

 

[stealth2]

Only just.

As for the special school. I would expect that she will provide evidence that the school, while specialized for dyslexia, has made accomodations in your son's IEP to deal with his disability in a more positive manner than the public schools either coudl or would. Your job would be to show that your son's needs could be adequately met by the public schools.