Legal Question in Family Law in New York

Re: college tuition

Generally, yes, unless your agreement says otherwise or declares her emancipated at age 18. That being said, courts generally hold that if both parents are paying for college, then both parents have equal say in selecting the college and have to agree if the child will attend other than an in-state public college or university. I cannot give you a clearer answer without having read the court order and reviewed respective financial statements.

Re: college tuition

Whether the Court will hold your Ex responsible for half of your daughter's college tuition, depends upon the particular circumstances of your case.

Circumstances the Court may consider include but are not limited to: Level of Ex's education, respective incomes and expectations of the parents, re child's education or training. Ex's participation in the college decision making. Child support obligations for all of Ex's children. Standard of living. Reason for omission of Ex's committement to share college costs, at time of divorce, etc..

Please be advised, that college tuition and costs, to be shared and paid by a non custodial parent, are often "So Ordered by the Court, or Stipulated to, by the parties, as part of a divorce settlement.

However, College tuition or cost, is NOT child support, required to be paid. Nor, is it normally considered an "Add On" to child support.

Therefore, a non custodial parent may or may not, be required, to pay or share the cost of a child's college tuition and attendance.

Good luck,

Re: college tuition

It depends on what was agreed to in your final divorce settlement or judgment. Generally speaking, the non-custodial parent must support the child until the child reaches the age of 21. Usually this means paying for part of the child's college tuition. Give your final papers a good read through. All you need to know is likely already in there.