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Introduction to College Tuition and Child Support
College Tuition and Child Support are related but not the same thing. The child support law is mandatory, but payment of college tuition is discretionary. The court could order it or the parties can agree to it in a settlement.
The starting point is the Child Support Standards Act (CSSA), which helps figure out how much child support should be paid. What’s interesting, though, is that it doesn’t specifically say anything about college tuition. The statute allows for the court to order payment of college tuition, but it does not require it in all cases.
While New York law does recognize that parents have a responsibility to help with their child’s college education expenses, it’s not as cut and dry as saying parents must pay for college. Instead, it gives us a way to work through whether college expenses should be shared. The court looks into whether the child is actually planning to go to college, alongside other factors like how much money the parents have, how well the kid is doing in school, whether the kid can chip in, and what the parents’ views on higher education were before they split up.
For children of divorced parents, college costs are often tackled using what’s known as the “SUNY Cap.” This isn’t a law, but a handy method lawyers use to limit how much each parent has to pay, based on the cost of attending a state university in New York. If parents can’t agree on who pays what for college, the custodial parent can take the issue to Family or Supreme Court to ask for help with the tuition from the noncustodial parent. The court can also make sure the noncustodial parent helps out with the FAFSA.
Understanding College Tuition and Child Support Cases
Child support in New York is all about the Child Support Standards Act, which takes into account how much money the parents make, how many kids they have, and how much time they spend with their kids. Child support is generally not waivable.
While the state understands that parents should help with their child’s college costs, it’s not mandatory. The requirements to pay college tuition and child support are not the same.
When deciding if a parent needs to contribute towards college, the court looks at lots of things like both parents’ finances, the kid’s school performance and college plans, and what the family thought about higher education before the parents split. The court could then decide that the child is probably not going to college and will not order payments.
But, if the court decides college costs should be part of child support, it’ll figure out how much each parent should pay based on what they can afford. The idea is not to make parents cover the full cost of college but to set a reasonable limit. College expenses can include tuition, room and board, fees, transport, books, healthcare, and other living costs. Child support orders can be changed if there’s a big shift in circumstances, and not following them can lead to serious consequences.
Factors Influencing College Contributions Decisions
In New York, when it comes to deciding on college expenses, courts consider a bunch of important factors:
- Parents’ Finances: The court looks at each parent’s ability to contribute, based on their income and assets.
- The Kid’s School Performance and Needs: The court checks out the child’s education goals and resources like financial aid.
- Family Expectations: The court thinks about the parents’ education levels and what the family expected about college before splitting up.
- Relationship with the Noncustodial Parent: The court might consider how the child and the noncustodial parent get along.
- Cost of College Tuition: The actual cost of tuition plays a role in the court’s decision.
The court tries to balance the child’s needs with what the parents can afford. If a parent can’t afford it, they won’t be forced to pay. But the court is flexible and understands that life can be unpredictable, like during the COVID-19 pandemic.
The SUNY Cap and Its Implications
The SUNY Cap is a practical tool lawyers use to settle how much each parent should contribute towards a child’s college education. It bases the amount on what it would cost at a state university in New York. This doesn’t mean a child can’t go to a private or out-of-state college; it just caps the parents’ contribution at the SUNY rate. The actual amount a parent might have to pay could be less, depending on the child’s financial resources and scholarships. The details of the SUNY Cap agreement should be clear, including what it covers and how it’s calculated.
It’s important to note that the SUNY Cap has limitations and pitfalls and it might be beneficial only if both parties agree to it. Divorcing couples should consider seeking legal advice regarding the SUNY Cap and college payment responsibilities.
If the parties don’t agree to it, the Court cannot impose a SUNY Cap, and the parties may end up being ordered to pay far over the SUNY CAP.
Legal Steps for Modifying College Expense Contributions
In New York, parents can ask the court to change the child support order, including college expenses, if there’s a big change in their situation. The steps include filing a petition, providing evidence, and going to a hearing. It’s important to follow the court’s orders to avoid legal trouble.
Understanding New York’s Legal Framework for College Costs in Divorce
New York offers a College Tuition Credit or Deduction for residents who pay college tuition. This can help with the costs, but it’s important to get advice from an accountant, as divorce attorneys can’t give tax advice.
How to Seek College Expense Contributions in Divorce and Child Support Cases
In New York, even if parents were never married, a court can order a noncustodial parent to help with college tuition. The steps involve completing the FAFSA, figuring out basic child support, and possibly adding support for college costs. The court will look at the child’s and family’s financial situation and academic plans before deciding.
College Tuition and Child Support: 21 Is the Limit
Child Support ends when the child turns 21. The Court is without power to order a parent to pay college Tuition and Child Support after 21.
BUT—– If the parties agree to extend the time, the court does have the power to enforce that agreement. Many times parties will agree to extend the noncustodial parent’s obligation to pay for college tuition and child support until 22 or then the child graduates a 4 year program. In this situation the court can enforce support after 21.
However, if the noncustodial parent refuses to agree to extend his/her obligation past 21, the Court is without the power to force it. By law, absent an agreement to contrary, the Court’s power over support ends at 21. Period.
Dollar for Dollar Credit for Room and Board
If a noncustodial parent pays for room and board, s/he may get dollar-for-dollar credit on the child support. There are limitations. If the parties have only one child under the age of 21 in college, the noncustodial parent might be able to claim full dollar-for-dollar credit. However, if there are other children under 21, then there is a more complex calculation. The bottom line is that in that circumstance the noncustodial parent may be able to claim full dollar-for-dollar credit.
Also, the noncustodial parent needs to be aware of what constitutes “room and board.” It is only rent and food. It is not gas money, tolls, cell phones or other incidentals. I had a client who made those claims and was found in contempt of court for violating the support order.
Never, never take the dollar-for-dollar credit before consulting with a lawyer.
Conclusion
Dealing with college expenses in divorce and child support cases can be tricky, but knowing how New York handles it can make things clearer. Courts consider the finances and academic needs of both parents and the child, aiming for a fair balance. Call Port and Sava at (516) 352-2999 for a free 15 Minute Consultation.
