Legal Question in Family Law in New York
College tuition
I've been divorced since 1991. I have a 17 year old in 11th grade currently and a 14y.o. in 8th grade. My ex-husband doesn't exercise visitation. He lives in Philadelphia. There was nothing in our original divorce papers mentioning college tuition payment. The ex makes a 6 figure salary, I do not. I am a nurse that makes about 63,000/year. I believe he should be responsible for a large portion of the tuition in the future, how do I go about this. Our communication is very poor. Thank youi.
4 Answers from Attorneys
Re: College tuition
The Family Court Act states that the court may award such expenses in its discretion. Typically, I would aim to get the father to pay at least his pro rata share of the tuition. In order to assess the stregnth of your case, I need to know some facts about the children and their dad, and I would still want to review the court papers and any agreements incorporated in the decree. Also, what school is your child planning to attend and what is the cost of tuition? Feel free to call me at 212-367-9167 to discus this further. I don't charge a fee for the initial consultation.
Re: College tuition
You can enter into a modification agreement with your ex. Otherwise, you can petition the court for a modification order.
Either way, your ex should pay a pro rata share of the college expenses (not just tuition).
Re: College tuition
You have two options #1 attempt to negotiate a modification of the original support agreement if there was one or #2 petition the family court for a modification of the child support payments into consideration of college tuition. For further information you may call my office to set up a consultation @718-834-0087.
Re: College tuition
The father may be required to pay a portion of the children's higher education expenses. You would have to make a motion to require the father to contribute to the costs of college.
I suggest you contact an attorney.
Daniel Clement