Mount Vernon, NY asked in Divorce for New York

Q: NYS In a text last yr, ex and i agreed i'd pay lower college tuition amt. Now, ex is suing me to pay more. should i win?

ex acknowledges agreement. should our newer agreement supersede older divorce agreement? Should i win court case?

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2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: The problem you will probably run into is that your divorce agreement probably has a clause that says the agreement can only be modified by a writing acknowledged in a certain way. If you didn't follow that requirement, you probably won't win.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: A court order can only be modified by another court order. While your "agreement" may be evidence for you to seek a new court order, until you get one, your current order is applicable. You need to get an attorney to review your situation.

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