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Who Pays for College After a New York Divorce?

Posted on : September 13, 2018, By:  Mary Katherine Brown
Paying For College After Divorce In New York

Are you responsible for College Expenses?

Parents who decide to get a divorce have many difficult questions to answer about the process of moving on with their lives. While some of these concerns are emotional, others are directly related to division of property or child support. One related issue can include paying for a child’s college education.

Educational Expenses After A New York Divorce

If you are in the process of going through a divorce, or are contemplating filing for one, a common issue is determining who is responsible for paying the educational costs associated with college. The answer to this question can be worked into various agreements. Many parents often consider child support a crucial aspect of divorce settlement and litigation, but all too often, expenses for college can be overlooked and this can be a very costly oversight for people living in New York.

New York Is Generally Child Friendly

In general, courts in New York have a child friendly view when it comes to parents being responsible for tuition and other related expenses, like books or room and board.

State Legislature

The state legislature has considered a number of different factors in determining parents’ responsibility to pay, including the parents educational background, the ability of the parents to pay, the best interests of the child, and the child’s educational background. One key issue in the state of New York is known as an SUNY Cap. This is a State University of New York cap, which could limit a parent’s contribution to college based on attending a SUNY university or college. Make sure to define which SUNY the cap is outlined by.

Preparation Is Key

With so many different schools in the SUNY system and tuition expenses that can vary significantly, you need to be prepared to outline exactly what is and what isn’t included. Your New York divorce lawyer can help you avoid many of the common pitfalls associated with outlining educational expenses.

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