Legal Question in Family Law in New York
Paying for College
My boyfriend is paying child support for his daugther and his ex-wife is trying to make him pay for college . Paying for college isn't in the divoce agreement . I just want to know is there a law that says he has to pay for college and is there anything she can do like have money taken from his pay ?
2 Answers from Attorneys
Re: Paying for College
It is a good thing that your step-daughter is moving on to college. It says a great deal of positive things about you, your husband, and even the natural mother.
College is expensive, but if your husband has been paying his support reliably through the years, then the natural mother will need to adjust the support order to create a legal obligation (a new court order). Another source of authority requiring him to pay is the divorce order documents. In addition, the actual support order documents must be reviewed as well. You are welcome to a consultation at no charge at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: Paying for College
If there is no provision in the divorce agreement or other any other order directing the father to pay colege expenses, he doesn't have to do so. The court can order a parent to pay certain educational expenses at its discretion, so I would need to review the language of the actual divorce agreement in order to determine whether it preculdes an award for such expenses. Call me at 212-367-9167 if you wish to discuss this further.