College tuition is a major financial burden that many parents expect to share, but this often becomes an issue post-divorce when one parent refuses to contribute. New York residents facing a former spouse’s refusal must understand their legal options. A judge can compel parental contributions for higher education, but it is not guaranteed. The outcome heavily depends on the divorce judgment, settlement agreement, or child support order, as well as the family’s unique financial situation. Please continue reading how New York courts handle college expenses after divorce, and the importance of connecting with an experienced Nassau County Child Support Lawyer for guidance.
How Do New York Courts Decide Whether a Parent Must Pay for College?
In New York, the basic child support obligation generally lasts until the child reaches the age of 21. However, this obligation may end sooner if the child becomes legally emancipated. Therefore, parents can be responsible for supporting a child well beyond their high school years.
New York Courts determine college expense allocation based on several factors, not a simple 50/50 split. Key factors include:
- Each parent’s income and ability to pay
- The child’s academic desire and performance
- The type and cost of the selected institution
- The child’s pre-separation standard of living
- The availability of external funding
- The student’s personal finances and capacity for work
- The quality of the parent-child relationship
The courts use the cost of a State University of New York (SUNY) institution as the benchmark for a reasonable expense. Many judges will impose a “SUNY cap,” limiting a parent’s required contribution to the SUNY cost unless compelling circumstances justify more.
What If There Is Already a Court Order?
If your divorce judgment or settlement agreement stipulates that your former spouse must contribute to college expenses and they subsequently halt payments, they are likely in violation of a court order. In New York State, you generally have two primary avenues for enforcement:
- Supreme Court Motion: You can file a motion within the original divorce case to enforce the judgment or the incorporated stipulation of settlement.
- Family Court Petition: If the agreement was incorporated into a Family Court support order, or if jurisdiction for enforcement has been transferred to Family Court, you can file a violation/enforcement petition there.
When initiating an enforcement proceeding, you can request that the court:
- Affirm the Order: Officially confirm the existence of a valid court order and that your ex-spouse has failed to comply with its terms.
- Award a Monetary Judgement: Issues a judgement for the total past-due amount (arrears).
- Implement Collection Mechanisms: Order tools for mandatory collection, such as wage garnishment or income execution.
- Grant Attorney’s Fees: In instances where the court determines the non-compliance was willful, it may award you legal fees.
It should be noted that your former spouse might attempt to justify their non-payment by claiming a significant change in circumstances, such as job loss or disability. While a parent in New York can apply to the court ot modify a support or college contribution obligations based on a substantial change, they are legally obligated to continue making payments until the court says otherwise. They cannot unilaterally decide to stop paying.
For more information, please don’t hesitate to contact an attorney at the Law Offices of Eyal Talassazan, P.C.
