Legal Question in Family Law in New York
divorce couple with child financial dispute
the mother is the legal guardian of the child, the father pays $18,000 child support per year. the child is eighteen years old and reside in college campus. the mother has a room for the child in her house which she charges $750 per month. the father's argument: the child is already in college and not at home half of the year, my child support along with the mother's child support should not cover the room. the mother's argument: the room is designated for the child and therefore she should be charged all 12 months. who is right? mother or father? this conflict invoked because the mother demands more money from the father but the father respond that because she has counted all 12 months when she should only count for 6 months. please help... thank you...
1 Answer from Attorneys
Re: divorce couple with child financial dispute
Since the room has to be paid for the year to be available to the child for when the child comes home, and assuming the divorce judgment called for the child to be supported till age 21 if he went to college, the courts have held that dad is responsible for the 12 months plus the college room and board.
I agree this seems unfair on its face but there are good reasons going both ways. It is a shame that you cannot work it out without involving the court and potentially making the child feel responsible.
Good Luck which ever side you are on.
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