When it is time for your child to start applying to colleges and universities, your former spouse may assert that they are no longer going to make financial contributions towards their education. They may argue that your child is not going to take the experience seriously, or that they are only showing interest in overly expensive institutions. No matter their exact reasoning, your child should not have to take out loans and incur a significant financial setback at such a young age due to their other parent’s personal stance. With that being said, please follow along to find out what happens when your ex refuses to pay for your child’s college expenses and how a proficient New York City child support attorney at Zimmet Law Group, P.C., can help you reach a fair and just resolution.
What happens if my ex refuses to pay for my child’s college expenses?
As soon as you get word that your ex is unwilling to contribute towards your child’s upcoming college expenses, you must refer back to the child support agreement established with your final divorce judgment. Here, this agreement may have specific language about your and your ex’s financial obligations for college, including how the cost of tuition, room and board, textbooks, technology, etc., will be covered.
For example, the New York City family law judge who handled your divorce case may have ruled for an even 50-50 split, or a contribution percentage based on your and your ex’s income and other financial resources. Or, they may have even used what is known as the “SUNY cap,” which holds that a parent’s contribution toward college cannot exceed the cost of an in-state SUNY tuition, unless otherwise justified. Whatever it is, you may hold your ex in contempt of court for violating this order.
What if my child support agreement is silent about college expenses?
Technically speaking, college expenses are treated as an “add-on” to basic child support. This is to say that it is quite possible that your standing child support agreement may not include any instructions on financial obligations for college. Well, New York State will always prioritize a child who wants continued access to education, similar to you. And so, you may advocate on your child’s behalf and petition for a post-judgment modification with the family court that handled your initial divorce case.
Here, the court may evaluate your and your ex’s finances, your and your ex’s contributions toward your other children’s education, your child’s academic performance, the reasonableness of the approximated college expenses, and more. In an ideal scenario, they may order your ex to shoulder some of this financial burden. Importantly, you cannot request retroactive payments if your existing agreement was silent about college expenses. So the sooner you petition for a modification, the better.
For further legal assistance, please hire one of the talented New York City matrimonial and family law attorneys from Zimmet Law Group, P.C. Schedule your initial consultation with us today, and see just how much we can do for you.
