Legal Question in Family Law in New York
Divorced Family's College Tuition Payments
Within the state of NY, if the divorce decree was ''silent,'' (i.e., payment of college tuition was not mentioned nor included in the decree), can one parent force the other to pay for their child's college tuition? Are there any laws to back this up? Thank you!
3 Answers from Attorneys
Re: Divorced Family's College Tuition Payments
There is case law that would requiret he father to contribute to the costs of college. You might have to make a motio in court to accomplish this. Let me know if I can be of assistance.
Daniel Clement
Re: Divorced Family's College Tuition Payments
Pursuant to law, a stipulation of settlement that is silent as to the costs of college does not necessarily mean that an agreement was reached pursuant to which college costs would not constitute a component of the parties' obligation to pay child support. Mrowka v. Mrowka, 260 A.D.2d 613, 689 N.Y.S.2d 172 (2d Dep't 1999).
Mike.
Re: Divorced Family's College Tuition Payments
College expenses for a child are the responsiblity of both parents. You can either reach an agreement now, which you both can live with, or you can go back to court and litigate the issue.