Legal Question in Family Law in New York

enrolling f/t- not attending f/t, do I need to pay for college/child support?

Have a child that enrolls into college as full time student, 12 credit, but drops (W) fails or get incomplete grades, out of the last 5 or 6 semesters, maybe gets 3 to 6 credits per semister, was thrown out of one college already for not attending, now on probation...my agreement say i must pay for college and child support till age 22 if child is attending college full time with resonable attendance, on a regular basis, continuosly..


Asked on 4/09/07, 4:20 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: enrolling f/t- not attending f/t, do I need to pay for college/child support?

This is a 'judgment call', but I feel I am on very firm ground in indicating:

1. If the 'child' completes a 1/3 or lesser load of courses or credit hours in three semesters in a row (not counting summer courses), then that child is not a full-time student and your agreement is terminated.

2. The interesting question is whether your duty to pay suport can be rivived if the child completes a full semester. If he/she is not yet 22, then your duty 'springs back'. If over 22, then it does not.

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Answered on 4/09/07, 5:07 pm


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