For most parents, seeing their child continue their education after graduating from high school can be an incredibly exciting matter. However, it’s no surprise that the financial aspects of this process can be incredibly overwhelming. Unfortunately, this matter may be made worse if your ex-spouse refuses to help contribute to the cost of your child’s college expenses. If this represents your circumstances, the following blog explores what you must know about these matters, including the importance of working with a Long Island child support lawyer to help you through these complex issues.
Are College Expenses Included in Child Support?
In general, college expenses, including tuition, housing, meal plans, parking passes, and course materials, are not automatically included in child support in New York. Typically, basic child support costs include housing, clothing, food, and transportation. Any other expense can be negotiated by the parents and ultimately determined by the court if they cannot reach an agreement.
In some instances, the parents may negotiate how college expenses will be handled at the time of the finalization of the divorce. If this occurs, the terms and conditions in the document must be honored, as the divorce decree is a legally binding document. However, if this matter is not discussed in your document, you may find that you can petition the court to modify the terms and conditions to include the expected expenses. You should note, however, that this is not guaranteed, as the courts must consider a number of matters before changing a finalized divorce agreement.
How Do I Seek a Modification to Include Post-Secondary Education?
If your child is getting ready to begin applying to colleges, it’s important to understand what you can do if you wish to fight to have your ex-spouse help contribute to the costs of a college education for your child. Typically, the court will examine the financial capabilities of each parent, as well as any financial aid, private loans, or scholarships earned by the child.
You should also note that, in New York, most courts will cap a parent’s contribution to their child’s college education will be capped. This is referred to as the SUNY cap, as it helps limit the contribution of a parent to what they would spend if their child were to attend a State University of New York institution. This is because New York has one of the largest state college systems in the country, with 64 public institutions a child may choose to attend.
As you can see, navigating this process can be incredibly complicated. That is why it is critical to enlist the assistance of an experienced attorney with Barrows Levy PLLC if you are going through a divorce or want to seek a modification. Our team can help you navigate these difficult times to
