Reply to Relitigating a signed custody agreement

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]OP, sorry to hear you're going through this. Courts don't like changing things for the kid and your ex is going to have to prove why this change is in the child's best interest (so your defense needs to be that no change is in the child's best interest) or that his circumstances have changed enough that he cannot afford to pay anymore. The court will not like that your ex is doing this out of spite or to manipulate you into a larger change for your child.

IF the court agrees with your ex, ask for this to only go in effect after next school year so you can apply for Financial Aid. Have this new order written down and apply for financial aid at your private school with the change, excluding his income with your new custody arrangement as proof. [/quote]

It appears that OP has one child, and earns at least 400K (half of the top 1% salary) and gets substantial child support.

While I agree that Dad isn't being reasonable, and should pay his share, I can't imagine she'll get financial aid with that profile.[/quote]

I missed the 400K part. It's definitely worth asking the school anyway if it comes to that, but that does change things in terms of likelihood of receiving aid.

Outside of that, I think the Dad already establishing 4+ years of paying his share and suddenly not wanting to unless the child moves is not going to be a good look for him regardless if school is written into the order or not, it's precedent that's been well established. Courts tend to like maintaining precedent for the sake of the child's best interest unless material change has occurred and the status quo no longer works for the child.[/quote]

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