Legal Question in Family Law in New York
Payment of Child Support and College Tuition - Double Dipping
My husband and his former wife have joint custody of their 20 year old child who attends a SUNY school. Child has scholarships, grants, etc. The original divorce agreement says that my husband is to pay child support until age 21 and is also to pay 2/3 of the tuition which includes room and board, meals, books, transportation and I think that's it. It is my understanding that under joint custody in NYS, the adjusted gross income is taken from each parent and added together and then 17 percent is taken for child support and split in half. So if my husband was paying 200 a week for child support, then the mother should be putting in 200 per week. My big question is: Should child support cover the room and board and meals for college since the child is not living with the mother or should he be paying both child suppor and room and board and meals? I think this is double dipping. And, does the father have to pay tuition for summer semesters and does the father have to pay room and board since child has moved to an apartment and is not on campus?
2 Answers from Attorneys
Re: Payment of Child Support and College Tuition - Double Dipping
This is always a sensitive and difficult situation. But you have put your finger on the important issue: the double -dipping. This case should be brought before the original court by means of a motion to adjust the support order on the basis of 'change of circumstances'. The court will likely make the appropriate changes.
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Re: Payment of Child Support and College Tuition - Double Dipping
You misapprehend the formula used to calculate child support. As you stated, the parental incomes are combined, 17% (for one child) of which is allocated to child support. However, the non-custodial parent pays the custodial parent his/her pro rata share, not half, of the total obligation. It's actually a little more complicated, but that's the general idea. In the case of "joint custody", the parent who has primary physical custody is deemed the custodial parent. I need to see the divorce papers to properly assess your husband's obligations, but you are correct in noting that payment of bopth child support and college room/board is "double dipping". Your husband may call me at 212-367-9167 to discuss this further; I do not charge a fee for the initial consultation.
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