Paying for college is one of the biggest financial challenges for divorced parents. Many parents are surprised to learn that courts can require a parent to help pay for their child’s higher education, even after the child turns 18. Whether you are negotiating a divorce agreement or considering your support obligations, understanding whether you can be forced to pay for your child’s college education is important in protecting your rights and honoring your responsibilities. Continue reading for more information and consult with a skilled Suffolk County family law attorney at Peter V. Mandi & Associates.
Can an NY Parent Be Forced to Pay Their Child’s College After a Divorce?
Yes, a parent in New York can be forced to pay for or contribute to a child’s college costs as part of child support. The court considers this an educational expense that falls within the parents’ legal duty to support the child. New York Domestic Relations Law §240(1-b)(c)(7) gives the court this authority, stating the following.
“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.”
In New York, child support generally continues until a child turns 21 years old. This standard is different from most states, whose requirement is 18 or when the child graduates from high school. Even if your child is legally an adult, you may still be responsible for providing support for college-related expenses.
What if College Costs Weren’t Included in the Divorce Agreement?
Even if your divorce agreement did not address college when it was created, either parent can petition the court for a modification to include these expenses. College may not have been on either parent’s mind when the divorce decree was entered, especially if the child was very young. However, if circumstances have changed, like the child is applying or enrolling in college and has demonstrated commitment to their academics, a court could grant a modification and require financial contributions to higher education costs.
It’s important to note that courts generally cannot order retroactive payments for past tuition if an obligation did not exist. However, contributions can be required moving forward.
How Do Courts Decide How Much Each Parent Pays?
Courts generally divide college expenses proportionally based on each parent’s income. This is known as “pro rata.” However, parents can negotiate how to handle college expenses in their separation agreement. While an off-the-record arrangement may work for some parents, it is always wise to get it approved by the court. This helps prevent disputes and ensures that the agreement is legally enforceable.
For more information, reach out to a skilled family lawyer today.
