New York: Is college considered a job?

[vicvega10]

I have an agreement with my kids mother to pay full support, even though i have the kids every other week form Sunday to Sunday, until she found a job. She has decided to enroll in college full-time and recieves money from going to school. Does being a full-time student constitute her working and can I now recieve a support reduction that we agreed upon so that i can afford better day care for my children?

[rini]

Are you referring to some sort of work/education program that she recieves a salary while she learns a trade or she is just recieving extra money from college loans.

I guess it would depend on how she was documented with the reciept of the funds with a paycheck and a w2 following it at the end of the year or if it is some sort of program that i am unfamiliar with.

perhaps another poster can offer more insite.

rini

[elklaw]

Well, chances are that you paying for daycare is part of the existing order, so if you want a reduction, then you need to go to the court and seek one because otherwise, you may never get one. Your problem, however, is that it sounds like you are expected to pay for this type of expense anyway. Consult a local attorney to see what they think odds of success on modification might be.

[ceara]

Well, chances are that you paying for daycare is part of the existing order, so if you want a reduction, then you need to go to the court and seek one because otherwise, you may never get one. Your problem, however, is that it sounds like you are expected to pay for this type of expense anyway. Consult a local attorney to see what they think odds of success on modification might be.

I may be wrong, but I think he means that he is paying for daycare for children with a different mother than the mother of the college student.

If so, the judge will likely inform him that he knew of his support obligations to the college asge child before he had more children, therefore he's SOL.

[MissingStepkids]

Are you saying that you pay her child support as though she is caring for the kids 100% of the time, but that you have the kids 50% of the time?

Is this court ordered support?
Was she supposed to be looking for a job instead of enrolling in school?

If she is getting a student loan, she will not get a W2 to file it as income. At least, I didn't when I was in college. If she has a grant, it is just free money.

[chrismacp]

No sorry - College is not considered a job. Also, the college student's income from a job is not considered when the Court sets the support amount.

[demartian]

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