Legal Question in Family Law in New York

Child Support/College

How would a reduction in child support be determined while the child is away at college? The father is aware that the home has to be maintained while the child is away at school, however, the mother in theory is getting a reduction in her prorata share every month with the child being away at school. Less food, less electric, less fuel etc. Shouldnt the father be able to have the same reduction? The wife makes substantially more than the husband and they split everything with a 30/70 split. If the combined parents income were say $200,000 per year and they have agreed to the husband paying $850/month and him paying 30% towards college what kind of reduction could be taken off the monthly childsupport payments, while the child attends school and how would this be factored. Cost of living? Where could I find this information?


Asked on 10/21/05, 8:29 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Support/College

I agree with attorney Kaufman.

However, note, if the custodial parent is paying a pro rata share of the youngster's college and living expenses, the Courts often grant a proportionate reduction in child support payments.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 10/22/05, 4:21 pm
Seth Kaufman Kaufman PLLC

Re: Child Support/College

Generally, the child support obligation does not change to reflect such fluctuations in household expenses. If you believe that the net effect is substantial, you should meet with an attorney to discuss your situation in greater detail.

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Answered on 10/21/05, 10:53 pm


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