Can Judge Change Previous Support Order to Include Private Religious School Tuition

[DueDiligence]

My question involves child support in the State of: NY

Can a judge change a previous support order to include private school for my 15 year old?

We divorced when he was young and the decree doesn't mention educational expenses. She took me back to court when he was 8 and the judge said I am not obligated to pay private school expenses because I had always objected to her choice of (expensive) religious school which is different than my religion. She remarried a long time ago and has paid his tuition all these years (she has a good income and her husband makes a lot too). This will be his second year at this school and she doesn't want to pay all of it. I can't think of any legal basis for the judge to change the order just because mom wants me to pay. We are going to trial on this pretty soon, no attorneys.

[jk]

child support is always open to modification

[evilteddy]

Yes, the judge can change the support order because of the private school. Be ready to argue against that your kid already establish relationships and knows the environment. In other words, it is the "child's best interest" to keep going to school. Have a good argument against that. Also, I'm not sure if you have a court order that states something about schooling such private schools and public school. Some court orders have that included. If not, just research something about that and see if you can get some rebuttal ideas off of that.

[Mr. Knowitall]

Pursuant to Domestic Relations Law § 240 (1-b) (c) (7), the court may direct a parent to contribute to a child's education, even in the absence of special circumstances or a voluntary agreement of the parties, as long as the court's discretion is not improvidently exercised in that regard (see Chan v Chan, 267 AD2d 413, 414 [1999]; Matter of Cassano v Cassano, 203 AD2d 563 [1994], affd on other grounds 85 NY2d 649 [1995]; Manno v Manno, 196 AD2d 488 [1993]). "In determining whether to award educational expenses, the court must consider the circumstances of the case, the circumstances of the respective parties, the best interests of the children, and the requirements of justice" (Chan v Chan, supra at 414, quoting Manno v Manno, supra at 491; see Cohen v Cohen, 21 AD3d 341 [2005]).

See also Maybaum v. Maybaum, 933 N.Y.S.2d 43, 47 (2d Dept. 2011),