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  1. #1
    Join Date
    Jul 2009
    New York State

    Default New York College Tuition for Over 21

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

    My NY child support obligation ends when my daughter turns 21 this year. But she plans to re-enter college early next year when she will be 22. She had earlier dropped out at age 19 after 1 year of study. I know that NY State Law can not order college tuition payments after 21, but what I have read said the courts can enforce a written agreement between the parents regarding college payments. Our agreement, which amended our initial separation agreement is very simple but not very clear.

    It reads as follows:
    The Husband and Wife agree to pay equally the tuition and room and board expenses for (name)'s undergraduate college education. The cost of tuition payable by the parents shall not be more than the average tuition of a State University of New York (SUNY) school at that time.

    There is no mention of any age limit. She also plans to move into an apartment and out of her mother's home in the very near future, before she begins school again at the age of 22. I plan to voluntarily help her with half her tuition and fees payment but not room and board for which she will work. Can I be compelled to pay this or more under this agreement?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: New York College Tuition for Over 21

    I expect, particularly with what I've seen of New York's post-majority support rulings, that a court could enforce a support obligation under that language. I would personally consult a New York family lawyer about the possibility of petitioning the court that ordered support to deem your obligation discharged based upon your daughter's age and non-attendance of college, with the goal being to make any future college-age support voluntary.

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