Legal Question in Family Law in New York

Hello, My husband and I are very concerned about having to continue paying child support to his ex wife. We thought our obligation was met....My husband has 2 children from a previous marriage that he has paid child support for and all support has been paid thus far. His youngest just turned 21 yrs old and the support collection unit automatically stopped the child support payments because they said that the order expired. Both of the children, 23 yrs old and 21 yrs old, attend college and have moved back in with their mother. His ex wife just filed with the court a petition for a new support order to demand payment for college. We looked over the divorce settlement and it does not say he has to pay for college. It doesnt say anything about college. My husband recalls that their were discussions about college but that he never agreed to paying for college. My question is can she get the court to put a judgement against him for college?


Asked on 5/28/11, 8:09 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

The court should dismiss this action unless it finds that it would be unreasonable for your husband to refuse. Keep in mind the standard best interests of the child. In your case, baring some discovery of a missing page from the divorce settlement documents, the court should dismiss since the law does not, except in extreme cases, give authority outside of the divorce settlement over the age of 21.

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Answered on 5/28/11, 2:53 pm


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