Full question:
My daughter is 17, going to college. My husband and I are divorced 1 year ago. I was awarded custody and child support. Is there anyway that he can coerce her to live with him and not have to pay child support to me? She will be going away to college this fall and it seems by the way she's acting, she won't be living with me anymore. Please advise.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: New York
Answer:
Modification of divorce decrees generally refers to a change in the order that was issued declaring the couple officially divorced. The divorce decree will often contain orders related to child custody and visitation, as well as division of assets, support payments, and other issues. Proceedings to modify a divorce decree are commenced by filing a petition to modify in the original divorce action decree. Local court rules and state rules of civil procedure, which vary, govern petitions to modify. Typically, to modify child custody or visitation, the parent seeking a modification must show a "significant change of circumstances" that would support such a modification.
Typically, a divorce order will be enforceable unless modified by the court, and it is unlikely a court may enforce a waiver due to an oral contract by using its equitable powers to prevent an injustice. The majority of courts hold that the parties cannot modify a court order by agreement among themselves. A divorce decree may be modified by the court when a significant change in circumstances is proven. If the parties stipulate (agree) to the modification, it may be more likely to be ordered.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
