Legal Question in Family Law in New York
college tuition after emancipation
College tuition was not stated in the original divorce agreement which was done in CT. The children (now 22 and 19) and mother now reside in NY state where emancipation is 21. If one child is now 22 and emancipated, but still in college, is the father (living in CT) required to contribute to college tuition, and if so, for how long? **the father was taken back to court after paying half of the very first semester of college for the oldest child. This child failed out, and then re-entered a community college, the court was told the father ''never contributed'' to the education of his eldest child. This son is now in his fifth year of school at 22. The youngest failed out in the second semester (he is now 19 and enrolled on a part time basis). Is the father responsible to keep contributing for their education(s) regardless of grades/age? Receiving copies of their grades seems pointless if the court still insists he continues to contribute and ''waste'' his money.
2 Answers from Attorneys
Re: college tuition after emancipation
Conn law applies, not NY law. How long ago was the divorce? Did the court retain jurisdiction to enter educational orders? Where were you "taken back to court"? Oldest possible age inder Conn law is 23, but depending on the answers to the above questions, you may not owe at all.
Re: college tuition after emancipation
If the divorce occurred prior to October 1, 2002, then most likely the father is not responsible for college tuition.
If the divorce occurred after that date, the question is, did the court reserve jurisdiction to enter orders regarding college for a later date. If the parties waived that option, then the father is not responsible. If not, I would need more facts.
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