Legal Question in Family Law in New York

currently paying child support will ammend for college

Wife and I have been seperated for 11 yrs. I have been paying for

child support since 93. We are currently pursuing a divorce in

which she is asking for 50% of future college tuition. She and my

daughter will be moving to Georgia in Aug. 04. Am I obligated to

pay 50% or will the court provide a percentage cap in regards to

my income. Currently I pay 15.5 % of my salary to child support, I

would feel safer if there was a percentage limit in regards to my

income, is there?


Asked on 11/22/03, 7:51 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: currently paying child support will ammend for college

This is a difficult situation.

Let me start with the legal issues. Your obligation to pay child support ends when your child reaches the age of 21. In addition, your ex-wife may not take the child to live far away from you if it will place an undue burden on your visitation. She may not move to GA with your child without your agreement.

You may wish to set up a 'college fund' for your child well in advance of her graduation from high school. However, you have no leagl obligation to pay for her college tuition, AT ALL!

You may choose to pay for her college. This is a good thing, but not a legal requirement.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 11/24/03, 1:25 pm


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