Reviewed by Diana Szabo, Esq.
Key Takeaways
- No parent automatically owes college costs after a divorce.
- A court can only order contributions while the child is under 21.
- College costs are separate from child support. Paying tuition does not reduce your monthly obligation.
- The SUNY cap is a guideline, not a ceiling. A court can order more.
- Negotiate college into your settlement. An agreement reaches further than a court order can.
When you and your spouse file for divorce, you may have many questions about how this will impact your financial future. However, it’s also important to consider the financial impact this may have on your child. One thing many divorcing parents are curious about is whether or not their spouse will have to help pay for their child’s college tuition. If this reflects your circumstances, you’ll want to keep reading to learn how New York handles these matters and why it’s in your best interest to connect with divorce attorneys in Long Island to explore your legal options surrounding these issues.
Will My Ex-Spouse Have to Contribute to Our Child’s College Tuition?
It’s important to understand that just because you and your spouse divorce does not automatically mean you are both responsible for contributing to your child’s college tuition. However, if the divorce decree holds both parents financially responsible for this matter, then it must be honored. If there is nothing in your agreement regarding your child’s college education, you may be able to petition the court for a modification. There is no guarantee that the courts will grant these terms, as it depends on the unique circumstances of each family.
Understanding where college falls in relation to ordinary child support can be helpful. Basic support includes housing, food, clothing, and transportation expenses, whereas tuition, room and board, meal plans, and course materials are not included in support payments.
In accordance with Domestic Relations Law § 240 (1-b)(c)(7), college expenses are a separate expense that courts may award under certain circumstances, depending on the circumstances of the parties and the best interests of the child, when doing so is appropriate.
College Costs Do Not Replace Child Support
Parents who are ordered to contribute to tuition will still be responsible for the basic support obligation. The two payments will run concurrently until the child turns 21, and paying a portion of college expenses does not reduce or offset the monthly payment. Parents, unfortunately, often assume otherwise and reduce what they send, ultimately resulting in arrears.
When a child is living at school for most of the year, credits toward room and board may be negotiated, but it must be agreed upon rather than simply taken.
What Can Influence This Decision in New York?
Generally, the courts will take a number of factors into consideration when determining whether or not a parent has the legal obligation to contribute to their child’s education. They will consider the financial capabilities of each parent and the ability of the student to earn scholarships or financial aid.
It’s also important to take the SUNY cap into consideration in these matters. New York has one of the largest college systems in the country, with 64 public colleges and universities. If your child is attending a SUNY college or university, you must take the cap into consideration. This essentially limits how much parents contribute to their child’s higher education based on the annual cost of attending a SUNY school, any adjustment for additional fees, and the cost of textbooks and supplies.
The cap is a tool courts use rather than a rule that binds them. It exists to keep a parent of ordinary means from being ordered to fund out-of-state private tuition, and it is neither automatic nor a fixed figure, since costs vary across the SUNY system. A court may order a parent to pay less than the cap. Where a parent’s income and assets support it, a court may also order more.
The Age Limit Most Parents Miss
The court’s authority to order contributions toward college will end when a child turns 21, at which time basic support will also be terminated. It’s important to understand that most students begin college at age 18 and turn 21 at some point during their junior year, meaning a court order typically only covers a portion of college expenses, with senior year sitting outside of what the court may compel.
Many parents navigate this by establishing a contract to share college costs through the completion of the degree, and the court can enforce those terms as written in the agreement. This is stronger than applying for relief later, which is why college is generally recommended to negotiate into the settlement while the children are younger, rather than waiting until your child begins applying to colleges to consider this matter.
Can a New York Divorce Attorney Help Me?
As you can see, this can be a confusing process given the many different legal considerations that must be made. That’s why it’s in your best interest to connect with an experienced attorney who can help you fight for your child’s future. At Barrows Levy PLLC, we understand the importance of a college education and will fight to help your child fulfill their dreams. Connect with our dedicated team today to explore your circumstances and learn how we may be able to assist you through these complex times.
