Legal Question in Family Law in New York

Re: Paying for College

This is a difficult situation. The laguage of the divorce settlement will give me an opportunity to make a definite answer. you may email or fax (718-729-2029) it to me and I will review it for no fee.

In the absence of the documents, I can give some direction. First; this sounds like a problem with the child rather than the mother. He sounds unfocused and needs an opportunity to mature. perhaps living away from home would be helpful. Is that the mother's position? Or would you be boarding the child at your home?

Legally, if the child is in easy commuting and transportation is reliable, then your husband does have some say in whether the child commutes or lives on campus. He has a right to have a say in how his money is spent. He is on strong legal footing here, although it may require a determination by the court to establish this (otherwise he may just get caught up in bureaucratic forms and get stuck with the bills that way).

I would recommend bringing the matter to the court for a decision; otherwise he may get stuck. It should be a very simple matter - a motion (notice of 20 days to the mother and child as well as drafting the actual motion. It is crucial that you state that the child can live with you while attendiong this school for you to win).

Good luck.

You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.