In New York family law matters, stipulations of settlement incorporated into divorce judgments are treated with the same force and effect as contracts. The courts typically uphold these agreements unless a party can demonstrate ambiguity, fraud, or a substantial change in circumstances. A recent decision issued in a New York divorce case highlights the challenges of attempting to revise financial obligations absent clear legal justification, as the court ultimately found that the stipulation of settlement in question remained enforceable and that no grounds for modification existed. If you are involved in a dispute over the enforcement of a divorce agreement, you should talk to a New York family law attorney about your options.
Facts of the Case
It is reported that the parties were married in 2005 and later entered into a stipulation of settlement in 2013. Pursuant to the stipulation, the mother was awarded sole legal and residential custody of their three children, and the father was obligated to pay monthly child support, along with the children’s private school tuition.
Allegedly, the father later filed a petition seeking a modification of his support obligations. He asserted that a change in the children’s living arrangements, specifically that the oldest child had come to reside with him, warranted an award of basic child support from the mother. He also reportedly requested that the mother be ordered to contribute to the private school tuition for the oldest child or, alternatively, that his monthly tuition obligation be reduced to reflect that he was only responsible for the younger two children’s tuition. Continue reading