Child support modification after a stipulation order

[JMKetchen1]

Anyone have any idea what the chances are that a judge would change a stipulated support agreement between parties. My dh and his ex stipulated support for their then 18 and 16 year old kids. Now his ex is trying to go back on that agreement even though there have been no significant chandes of circumstances.

[catherine]

or entered into the court's records at that time?

[JMKetchen1]

Yes, both of their signatures were notarized. It was also approved by the court because it deviated from the NY child support standards. It was also made a part of the new custody order. you see my dh had sole custody of his 16 yr old son and his ex petitioned to get him in her custody. She offered up the present stipulation agreement in exchange to get my DH to allow her to have joint custody with residence with her so that he could complete high school in her school district. She stipulated that she would not seek support for the son. Now the daughter is soon to be 21 and emancipated and the ex won't get any more support for her. Now she wants to get support for the son instead of the stipulated pro-rata sharing of college expenses. What do you think the chances of her gettting the stipulation dropped??

[catherine]

But so much depends on the judge and his/her mood at the time.  If the timeshare at both houses is similiar, I can see the stip standing up in court.  If she has him the majority of the time, there is a slight chance that the judge will order support.  However, the fact that she did sign something and is now reniging on it does not look well.  Can you "prove" (via receipts, etc) that your DH pays a lot towards raising such as food, clothes, extra curricular expenses.  That would strengthen your case to have the stip stand as is.

[FleetingMoment]

It  will be very difficult for her to get out of that agreement. The judge will probably rule that it remain the same and note the mother fully comprehended the agreement at the time they stipulated into it, and is now having "second thoughts." Without a real change of circumstances the court shouldn't budge, just because she's suddenly thinking better of it, or unforeseen circumstances.  She was not forced, threatened or coerced into stipulating against her will. I'd say, she'd have a tough time.