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  1. #1

    Default College Room and Board Deduction when Living with Noncustodial Parent

    My question involves child support in the State of: New York

    My 18 year old is commuting to college and living with me. I am the non-custodial parent. My agreement says that I can deduct from child support dollar per dollar what I spend on his room and board. He has not slept in his mothers house in years, and she moved to a house without a bedroom for him if he ever wanted to stay over.

    I can deduct room and board up to the cost at the "highest" SUNY cost, not the average cost.

    For student loans calculations, SUNY has an amount allowed for room and board expenses for those living at home, and another for those living "off campus."

    Since the custodial parent has NO expenses for the child, can I take the dollar per dollar reduction for my room and board costs for him if I can document them and they fall within the SUNY allowance?

    I understand that the original intent of the ruling allowing room and board deduction for the non-custodial parent was to provide that room and board is not paid twice. At the moment, I am paying child support as if the custodial parent had room and board expenses for him, and paying for room and board at my house.

    The agreement says "room and board." It does not say dorm.
    Thanks

  2. #2
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    Default Re: College Room and Board Deduction when Living with Noncustodial Parent

    I have no access to the order, but I expect it allows for deduction of actual expenditures. I have never seen an order that allows for deduction of imaginary expenditures based upon "the cost at the 'highest' SUNY cost" as opposed to what a parent actually spends.

    As we cannot interpret an order we cannot see, you can either share the relevant language so we can see to what degree we can help you understand it, or consult a family lawyer about the actual order and how a court is likely to interpret it.

  3. #3

    Default Re: College Room and Board Deduction when Living with Noncustodial Parent

    "The parties agree that they will equally contribute toward college tuition and customary related expenses to be capped at the cost of the highest SUNY University, after all grants, scholarships and financial aid has been exhausted for not less than four (4) full years of each child as herein provided." There are then details about must be full-time, regular attendance, leading to agree, both parents agreeing to school in writing. It then says, " "Expenses as used in this paragraph shall mean applications, tuition, room, board, registration fees and required books,..." etc." A few paragraphs later, "In accordance with recent appellate court determinations concerning credits to be allowed to parents paying for their children's college education when the child attends a college away from home, FATHER (it is capitalized in agreement) shall be entitled to a reduction in child support otherwise to be paid by him, while he is paying his share for the college education of either child, in the amount of a dollar for dollar credit of that portion of room and board paid by him for each child."

    A few comments. The reference to "when the child attends a college away from home" refers to the court decision. It does not state that my child must be attending a college "away from home." I understand that the point in the referenced court case was that the father should not be paying the mother child support covering the child's living at her home when the child is living away from that home and living at college. In my case, the child is not living or even visiting the mother anymore, and withdrew from the dorm to live at my house and commute. SUNY gives a "cost" of room and board for living at home for the purpose of student loan applications. That is where I figured I should look for a limit because my room and board expense for him will be higher, so I need to have a cap at the "highest SUNY" cost.
    The reality is that the room and board would have been about $500 per month that I would be paying for my 50% of room and board and mother would be responsible for the other $500 according to the agreement requiring her to pay 50%. Living at my house, I would only deduct $500 per month, and she would have no further expense. (If my intention was to hurt her financially, I could have left him in the dorm, had his food fully paid for, even for days he came back to my house. It would have cost me nothing because I absolutely could deduct my cost under the agreement, plus his mother would have to pay her half. Now, I have to pay for all his food, commuting expenses, his share of house expense, etc. If I cannot deduct this, I would save a fortune, just in food cost by having him go back into the dorm. That is not my intent, but just to show how much additional cost I have if he lives with me and commutes.)

    Let me know if you need further information or additional parts of the agreement.

    Thanks.

    - - - Updated - - -

    I posted the language in my other reply. I can only deduct from child support dollar for dollar of what I actually spend for room and board but the amount is capped at what room and board would cost at highest SUNY school. My ex and I also are required to each pay 50%. If actual room and board is $12,000 a year, I pay $6000 and she pays $6000.. Then, I am allowed to deduct the $6000 from child support, which equals $500 per month less in child support.

    But he is living with me and commuting. So I am paying 100% of room and board plus still paying full child support and she contributes nothing.

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