A significant issue that often arises when parents divorce is how to allocate paying for their child’s college education. While child support covers basic expenses like food, clothing and shelter, college costs are discretionary. Still, divorced parents may be ordered to share college expenses based on a number of factors.
In New York, divorcing parents can and often do make the sharing of college expenses part of their divorce settlement, negotiating an apportionment that reflects their respective financial situations and the child’s actual higher education costs.
Absent an agreement, a court can order each parent to contribute to their child’s college expenses until the child reaches the age of 21. The court will balance multiple considerations in deciding how much a noncustodial parent should contribute. These are the 12 mandatory factors:
Whether that parent would be paying towards higher education costs if they lived with the child
How that parent’s values, background and goals impact the reasonableness of the expectation for higher education
The amount the child needs for their college education
The parent’s ability to pay that amount
The financial resources of both parents
The relationship between the needed funds and the planned course of study
The child’s aptitude for and commitment to higher education
The financial resources of the child, including assets held in trust
The child’s ability to earn income during school or while on vacations
The availability of financial aid from college loans or grants
The relationship between the child and the paying parent
The relationship between the child’s long-range goals and the requested education
An issue that may come up in a dispute over paying college expenses is the "SUNY cap,” which refers to using State University of New York tuition as a ceiling for both parents’ contributions to college expenses. Many parents include such a provision in their divorce settlement agreements. However, the SUNY cap can be a vague concept, since there can be many variables in costs even in the SUNY system. If the clause is not sufficiently specific or if it appears to be too restrictive, a court may decide a noncustodial parent’s pro rata share based on his or her financial ability to contribute.
If you’re going through a divorce and have questions about your obligation to pay for your child’s college education, an experienced family law attorney can provide guidance based on your specific situation.
Bombardo Law Office, P.C., located in Syracuse, assists Central New York parents on child support matters, including decisions on sharing college expenses. Call 1-315-488-5544 or contact us online to schedule your free consultation.
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