When fall tuition is approaching and you and your former spouse or co-parent disagree about college costs, start with the exact language of your divorce judgment, settlement agreement, child support order, and any later modification. New York law allows courts, in appropriate cases, to award post-secondary educational expenses after considering the circumstances of the case, the parties, the child’s best interests, and the requirements of justice.
Mahserjian & Mahserjian-Ortiz, PLLC helps families in Saratoga, New York, and nearby areas review the documents that control college-expense obligations, organize the financial information, and evaluate legal options before a tuition deadline adds more pressure.
A college bill does not automatically establish what each parent legally owes. Your responsibility may depend on the wording of an agreement or order, whether a SUNY cap applies, how scholarships or financial aid are treated, whether college savings must be used first, whether consultation or consent was required before choosing the school, and whether the expense at issue is covered.
The starting point is the controlling document, not the total shown on the college bill.
Start With the Divorce Judgment or Support Order 
Before you discuss percentages, gather every document that may control the college-expense obligation. Review your divorce judgment, separation or settlement agreement, child support order, later stipulations, and any modification orders.
Look for provisions addressing:
- Tuition and mandatory fees
- Room and board
- Books, supplies, and required technology
- Transportation
- 529 plans and other college savings
- Scholarships, grants, loans, and other financial aid
- A SUNY or public-college cost cap
- Each parent’s percentage or proportional share
- Consultation or consent before choosing a school
- Notice requirements
- Reimbursement procedures and deadlines
Some agreements provide a detailed formula. Others state that the parents will contribute based on their financial circumstances. That wording matters because it can change how the expense is calculated and what information must be reviewed.
For related information about an existing college-expense obligation, review the firm’s article about an ex-spouse who refuses to pay college expenses:
https://www.jeanmahserjian.com/ex-spouse-refuses-to-pay-college-expenses/
Understand What New York Law Allows
New York Family Court Act Section 413 and Domestic Relations Law Section 240 allow a court to award post-secondary educational expenses when the court finds that such an award is appropriate after considering the circumstances of the case and the parties, the child’s best interests, and the requirements of justice.
There is no universal rule requiring every college expense to be divided equally. The amount assigned to a parent can depend on the parents’ finances, the child’s educational needs, the school selected, the terms of an agreement or order, and other facts.
In Matter of Dana F. v Derek A., a 2024 decision from the Appellate Division, First Department, the court upheld an order requiring the father to pay roughly 62 percent of the child’s tuition expenses, net of scholarships, grants, and student loans. The court relied in part on the father’s demonstrated ability to pay. The decision shows why the facts and the existing record matter when a court determines a college-expense contribution.
A SUNY cap is also not an automatic statutory limit on every parent’s responsibility. Some settlement agreements use the cost of a State University of New York education as a ceiling for parental contributions. In Tishman v Bogatin, the Appellate Division, First Department, explained that whether to impose a SUNY cap is determined case by case when the parties have not already agreed to one.
If your agreement includes a SUNY cap, read the language closely. The agreement may define the cap by tuition alone or by a broader group of expenses. The exact wording controls the analysis.
You can also review the firm’s discussion of whether a parent may be obligated to pay a child’s college tuition:
https://www.jeanmahserjian.com/am-i-obligated-to-pay-for-my-childs-college-tuition/
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Work From the Net College Cost
A college-expense dispute is easier to evaluate when both parents use the same current figures. The school’s published annual cost may differ from the amount actually due after scholarships, grants, institutional aid, college savings, or other credits are applied.
Create a current college-cost file that includes:
- The tuition bill and payment deadline
- The student account statement
- Scholarship and grant notices
- Financial aid documents
- 529 plan or other college-savings statements
- Housing and meal-plan charges
- Required fee schedules
- Proof of payments already made
- Written communications about school selection
- The agreement, judgment, or order that addresses college expenses
Then prepare a calculation showing:
- Gross covered college costs
- Scholarships, grants, or other credits required to be applied
- College savings required to be used
- The remaining net covered expense
- Any contractual SUNY or public-college cap
- Each parent’s proposed share
If one parent says that the obligation is 50 percent and the other says that it is 70 percent, start with the language that creates the obligation. Then apply that language to the correct net cost.
Separate the Tuition Deadline From the Larger Dispute
A fall tuition deadline can make several disagreements feel like one problem. You may be able to separate the amount that must be addressed now from other college expenses that remain disputed.
For example, both parents may agree that a portion of tuition must be paid before registration is affected while still disagreeing about off-campus housing, transportation, technology, or other expenses. Resolving the undisputed amount first can preserve time for legal review of the remaining issue.
This approach can keep the immediate tuition deadline focused while you address the broader disagreement through negotiation, mediation, or legal counsel.
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Review College Choice and Consent Requirements
Some college-expense provisions require advance consultation or consent before a parent becomes responsible for a particular school or level of cost. Your custody agreement may also address educational decision-making authority.
Read those provisions together. A parent who has final educational decision-making authority does not necessarily have unlimited authority to require the other parent to pay any college cost when a separate financial provision contains conditions, caps, or consultation requirements.
If your agreement required consultation or consent, gather the records showing what happened before enrollment, including:
- Emails and text messages
- Admission information
- Financial aid offers
- Cost comparisons
- College-selection discussions
- Written objections or approvals
- Deposit and enrollment records
A family law attorney can review whether the required procedure was followed and how that issue may affect the requested contribution.
Keep Existing Support Payments Separate From a New College Arrangement
When tuition is due, changing regular child support, withholding another required payment, or creating an informal future offset can lead to a separate enforcement dispute.
If a court order controls your current support obligation, continue following that order unless a valid written agreement or a new court order changes it. If the current arrangement no longer matches the family’s circumstances, legal counsel can help you determine whether a formal modification should be requested.
For more information, review the firm’s discussion of modifying child support for college expenses:
https://www.jeanmahserjian.com/modifying-child-support-for-college-expenses/
Put the College Expense Dispute in Writing Before the Due Date
A focused written communication can define the college-expense dispute before the tuition deadline. Keep the communication factual and include the documents needed to verify the calculation.
Your message can identify:
- The tuition due date
- The relevant agreement or order provision
- The gross amount billed
- Scholarships, grants, college savings, or other applicable credits
- The amount already paid
- The amount requested from the other parent
- The calculation used
- A reasonable date for a response
Keep the communication centered on the current college expense. A clear record of the bill, the controlling language, and the requested contribution can make later negotiation or legal review more productive.
Consider Negotiation or Mediation
Not every college-expense disagreement requires a court hearing. When both parents can negotiate safely and productively, attorney-assisted negotiation or mediation may resolve the current issue and establish a process for future semesters.
A written resolution can address:
- How financial aid will be treated
- When tuition bills must be exchanged
- How 529 plans or other college savings will be used
- Which expenses are covered
- How each parent’s share will be calculated
- When payments must be made
- What consultation is required before future school or housing decisions
Resolving these details in writing can give both parents a clearer process when the next tuition bill arrives.
Know When Court Action May Be Necessary
Court involvement may be necessary when the parents cannot resolve an enforcement or modification issue. The correct application depends on the source of the obligation, the existing order or agreement, and the relief being requested.
An enforcement application may focus on whether a parent violated an existing order or an incorporated agreement. A modification request may focus on whether the current support arrangement should change because of legally sufficient circumstances.
Timing can affect the available relief. In Matter of Dana F. v Derek A., the Appellate Division reduced part of a retroactive tuition award because tuition paid before the filing date of the modification petition could not be included under the circumstances presented in that case.
If your dispute includes broader child support questions, review the firm’s Saratoga child support resources:
https://www.jeanmahserjian.com/child-support-lawyers/
A Saratoga College Expense Example
Consider parents in Saratoga, New York, whose daughter is entering her second year of college. Their divorce agreement states that both parents will contribute to covered college expenses in proportion to income after scholarships and available college savings are applied, subject to a stated cap.
The school issues the fall bill. One parent calculates the other parent’s share from the full cost. The other parent believes that the scholarship and 529 funds must be deducted first.
The useful question is what the agreement requires.
The parents can gather the tuition bill, scholarship notice, 529 statement, prior payment records, and divorce agreement. They can then calculate the net covered expense under the agreed formula. If a dispute remains over housing or another category, they can isolate that issue for legal review rather than treating the entire college bill as contested.
How a Saratoga Family Law Attorney Can Help
A Saratoga family law attorney can review your agreement or order, identify the expenses covered by its language, examine financial aid and college savings, evaluate notice or consent requirements, and help calculate the disputed amount.
Legal counsel can also help you determine whether negotiation, mediation, enforcement, or modification fits your circumstances.
Mahserjian & Mahserjian-Ortiz, PLLC provides client-directed family law guidance for families in Saratoga, New York, and nearby areas. The firm assists clients with divorce, child support, custody, and other family law matters while helping them understand the documents, financial facts, and legal options that may affect their decisions.
Learn more about the firm’s Saratoga family law attorneys:
https://www.jeanmahserjian.com/saratoga-family-attorneys/
Speak With a Saratoga Family Law Attorney Before Fall Tuition Is Due
A college-expense dispute can involve more than the amount printed on a tuition invoice. Your divorce agreement, court order, financial aid, college savings, consent provisions, cost caps, and the timing of a court request may all affect the analysis.
If you need help reviewing a college-cost obligation before a fall tuition deadline, contact Mahserjian & Mahserjian-Ortiz, PLLC. The firm serves families in Saratoga, New York, and nearby areas.
Call (518) 348-4232 or use the firm’s contact page to schedule an initial appointment:
https://www.jeanmahserjian.com/contact-us/
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.