Do I Have to Pay for My Child’s College After a Divorce in New York?

You may be responsible for paying for your child’s college after a divorce. Continue reading and reach out to our skilled Nassau County divorce attorney today to discuss your case and your legal options. We are on your side no matter what.

How do New York courts determine parent college tuition responsibilities?

In most divorce settlement agreements, there is a language that acknowledges college decisions and payments. The majority of these agreements will state that both parents have some sort of financial obligation to pay for college. College tuition obligations are totally different from child support.

The part that a parent will be mandated to pay towards their child’s college tuition is typically calculated at the time a college is selected and is based upon both parents’ salaries at that moment. Generally, it is never a good idea to settle on a straight 50/50 split of college tuition at the time of divorce, particularly if your children are very young. This is because you may not know where you will stand financially in the future.

In some cases, parents may be able to reach an agreement over college cost-sharing on their own out of court, generally with the help of their attorneys or a mediator. When college tuition disputes end up in court, a judge will consider a parent’s contribution toward the cost of higher education by taking a look at a number of different factors. Some of these factors include the following:

• The outcome of the background, values, and goals of the parent on the reasonableness of the expectation of the child for higher education;
• The amount of the assistance sought by the child for the cost of higher education;
• Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;
• The ability of the parent to pay that cost;
  The relationship of the requested contribution to the kind of school or course of study sought by the child;
• The financial resources of both parties;
• The commitment and aptitude of the child for the requested education; and
• The financial resources of the child, including assets owned individually or held in custodianship or trust.

To learn more about these responsibilities, do not wait to reach out to our skilled firm today. Our legal team is on your side. Give us a call today to get started.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 25 years, is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.