Legal Question in Family Law in New York

Child Support While Children are full time students

I received my divorce in 1995, with my husband filing in Flordia. I have always lived in New York with my three children. They are ages 20, 22,24 and according to Florida law, child support ended when they were 18. I have been told that support must continue until age 23 if they remain full time students and that my ex is responsible for half the cost of school. I am disabled since 1978 and the children do receive financial aid but not enough to live. Is my exhusband responsible for his children and if yes, what are the next legal steps to take.


Asked on 2/25/02, 12:17 pm

1 Answer from Attorneys
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Child Support While Children are full time students

Since your children live in NY, NY law should be controlling on child support. How did your husband get a FL order on child support? In NY support terminates at 21. There is no further obligation, even if the children are in school. A parent can agree to pay support past 21, but a court cannot order it. In NY, the cost of higher education can be ordered as a child support add on. The percentage and amount is discretionary with the court - there is no set formula.

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Answered on 2/25/02, 8:09 pm


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