Legal Question in Family Law in New York
Support - does it stop when I die?
In preparing to draw up a will,this question came up. My daughter is 20 years old, not presently in college, although she attended for 1 year a few years ago. My agreement provides support to age 21, and also half college costs. It is unclear as to whether support payments continue after 21 if she is in college. My question involves what would happen if I died tomorrow? I purchased a house (jointly) with my new wife a few years ago. Can the SCU lien the house? Is there a lien on my estate to pay the remainder of the support/or potential college costs?
1 Answer from Attorneys
Re: Support - does it stop when I die?
What your obligations are viz your Stipulation or existing Court Order SHOULD be determined after careful review and examination of same, with your attorney.
However, although you may be committed to pay half of the college costs (usually through age 23 sometimes age25), in NY ollege costs are distinquished from child support.
Thus, your "child support" obligation does not continue past age 21.
ALSO, You cannot be charged for college costs if your child does not attend college (or other post HS obligation, per your agreement to contribute to post HS educational or vocational program). And, your obligation to contribute to your child's post HS is not indefinite, ie., probably does not extend past 23 or 25 years.
Notwithstanding the above, suggest that you obtain a term life insurance policy naming your daughter or a fund to be used for her education in the event of your "premature" death, in order to avoid confusion, as indicated you want to avoid.
But, PLEASE remember, your obligations (legal and otherwise) preexisting your marriage, never end.
Therefore, you should always expect to have to make your persona and property arrangements in consideration of same.
Good luck,