When it comes to child support in New York, there are many factors to consider. One of the most important factors is who is responsible for paying for college expenses. In this blog post, we will explore the New York child support laws and how they relate to college expenses.
Under New York law, both parents are responsible for financially supporting their child until the child reaches the age of 21. This includes paying for the child’s basic necessities, such as food, clothing, and shelter.
However, child support also covers other expenses, including medical expenses and education expenses.
When it comes to education expenses, there are two types of expenses that are typically considered: basic educational expenses and college expenses. Basic educational expenses include things like school supplies, textbooks, and uniforms. College expenses, on the other hand, include tuition, room and board, and other related expenses.
In New York, the law does not require parents to pay for their child’s college education. However, parents may be required to contribute to their child’s college expenses if they have the financial means to do so. The court will take into account the income and assets of both parents, as well as the child’s financial resources and ability to pay.
If the court determines that both parents should contribute to their child’s college expenses, they will typically do so in proportion to their respective incomes. For example, if one parent earns 60% of the combined income of both parents, they may be required to contribute 60% of the child’s college expenses.
It’s important to note that the court will consider a variety of factors when making a decision about college expenses, including the child’s academic performance, their plans for higher education, and their career goals. Additionally, the court may consider the parent’s relationship with the child and their willingness to support the child’s education.
In some cases, the court may also consider whether the child is attending a public or private institution. If the child is attending a private institution, the court may require both parents to contribute a greater percentage of the expenses.
It’s important to note that parents can also reach an agreement on how to handle college expenses outside of court. This can be done through negotiation or mediation with the help of a family law attorney. It’s often beneficial for parents to reach an agreement on college expenses, as it can help to avoid costly and time-consuming court battles.
It’s also important for parents to plan ahead when it comes to college expenses. This includes saving money for their child’s education and considering financial aid options. Many colleges and universities offer financial aid packages, including grants, scholarships, and loans, that can help to offset the cost of tuition and other expenses.
Parents should encourage their children to take an active role in planning for their college education. This includes researching potential colleges, applying for scholarships, and considering alternative education options such as trade schools or community colleges.
At Mahserjian & Mahserjian-Ortiz, PLLC, we can provide comprehensive legal services to parents involved in child support and college expenses cases in New York. Our experienced attorneys can help parents navigate the complex legal issues involved in these cases and ensure that their rights and interests are protected.
We can provide legal advice and guidance on the New York child support laws and how they relate to college expenses. We can also help parents negotiate agreements on college expenses outside of court, represent clients in court, assist with financial planning, and provide emotional support throughout the process.
We understand that child support and college expenses cases can be stressful and emotional for parents. At our firm, we are committed to providing compassionate and personalized service to our clients. We work closely with our clients to understand their unique needs and goals, and we strive to achieve the best possible outcome for their case.
If you are involved in a child support or college expenses case in New York, we can help. Contact us today to schedule a consultation with one of our experienced family law attorneys.
Does Child Support Automatically Stop When My Daughter Turns 21?
Question:
My daughter turns 21 on August 10th and I am simply wondering if I need to file any paperwork in regards to the payments automatically taken out of my paycheck through the SCU.
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Answer:
Wage deduction does not always end automatically when a child turns 21. In addition, there is a public policy provision in NY which can prevent the reimbursement of support overpayments made by you. The best policy is to file a modification petition. You will want your first court date to be prior to, but close in time to your daughter’s 21st birthday. You will want to ask the Support Magistrate to issue a temporary order terminating support on her birthday. You can probably handle this on your own. However, if you are not comfortable filing the papers or appearing in court by yourself, consult with a local attorney.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Albany, New York Child Support Attorney. This does not consent an attorney client relationship.
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Non-Custodial Parents College Expense Obligation
Watch this video to learn about the non-custodial parents college expense obligation. Then give our attorneys a call to set up a free review.
Question:
What Should I know About Non-Custodial Parents College Expense Obligation?
Answer:
In addition to a basic child support obligation, a parent may be required to contribute towards college expenses. Even when an agreement is silent, it would require a modification petition or even just a petition for college expenses to be filed. This can be done in family court. The court will make a determination as to whether or not a contribution is required by considering the educational background of the parties, the aptitude of the child, and the financial circumstances of each of you.Some things to consider when you are in the court and you are possibly required to contribute to college, the possibility of setting a cap on the amount of tuition you may pay. Oftentimes, you will see this done by establishing a cap based upon SUNY tuition, here in New York. The other thing that would be considered is whether or not the basic child support obligation, which includes shelter expenses, should be reduced as a result of room and board expenses that you would now be contributing to.
Do you have legal questions about child support? Contact our experienced Saratoga Child Support Attorneys today for a consultation and case evaluation.
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