Legal Question in Family Law in New York
child support while in sleep away college
currently paying child support my child will be attending college on a sleep away basis am i obilgated to continue paying my ex or can i pay directly to my child i am willing to support her while in college but do not want to pay directly to ex
2 Answers from Attorneys
Re: child support while in sleep away college
With out a court order changing the terms of the child support agreement or prior court order on child support, your obligation to continue paying the child support to your child's mother remains the same. You would need to file a petition to the family court to make the change and many of the courts would be very reluctant to make the change you are requesting.
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Re: child support while in sleep away college
In NY college is often considered as an "extra" that is tacked onto child support. Child support is often needed by the mother so she can maintain the home for the child while the child is away. Hence you will have to go to the court unless you and your ex can agree on some type of equitable situtation.
Too bad this was not addressed at the time your relationship broke up. It could wind up costing you more now.