Legal Question in Family Law in New York
Higher Education
I have been divorced since 1991. My ex-husband had his attorney draw up the divorce decree indicating that no party is responsible for higher education for our daughter. He had this put into the decree because I had full custudy of her then. Now that she is 17 years old and he has custudy, he says that I have to pay for part of her college. He tells me that he can have the divorce decree changed. Is this true even though it was granted by a judge? I do not have any money for college for her but I pay $240.00 a month child support to him.
1 Answer from Attorneys
Re: Higher Education
He can make a motion to the Court to attempt to have the divorce judgment amended to include the costs for college. One possible solution for the Court is for you to direct the $240 per month directly to your daughter's college in lieu of support while she is away at college.
A standard provision these days will cap your respective responsibilities at the cost of SUNY education, with you and your ex sharing the costs in proportion to your incomes, what is called "pro-rata".
If you consult an attorney, you should also include more information regarding your income and your ex's income, which will be a significant factor in the decision of the Court.
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