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 may order parents to pay a child's present or future educational expenses, including for post-secondary or education enrichment programs. The court is not required to award such support, but makes a determination on a case-by-case basis, considering the circumstances of each party and the child's best interests. Orders may specify that payment go directly to the school. N.Y. Dom. Rel. Law § 240(1-b)(c)(7).
The following is the relevant text of the statute:
"...Where the court determines, having regard for the circumstances of the case and of the respective parties and in the best interests of the child, and as justice requires, that the present or future provision of post-secondary, private, special, or enriched education for the child is appropriate, the court may award educational expenses. The non-custodial parent shall pay educational expenses, as awarded, in a manner determined by the court, including direct payment to the educational provider...."
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
