Full question:
My son is 22 years old and has one semester left before graduating from Indiana University. His father lives on Long Island, NY . He and I, his mother, live in Arlington Heights, IL. Since freshman year, his father has paid for the spring semester tuition of college while I have paid for the fall semester. He has two other children, both younger, by another mother in New York. My son's spring 2008 tuition currently has not been paid, preventing him from being able to register for fall 2008 classes, his last semester in school. A few weeks ago, my son's lawyer notified me that my son's father has refused to pay for the spring 2008 semester as his son has now turned 21. The lawyer says NY law does not require parents to pay for children's college expenses if they turn 21. Is this correct? In Illinois, parents are required to support children still in college; the 21 year old rule applies only if they are not still in school. My son's father is very well off and can afford to pay, so that is not an issue.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Illinois
Answer:
In New York, courts can order parents to pay for a child's educational expenses, including college tuition. However, such support is not guaranteed and is determined on a case-by-case basis, considering the circumstances of each party and the child's best interests. The court may specify that payments go directly to the educational institution (N.Y. Dom. Rel. Law § 240(1-b)(c)(7)).
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