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

