Staten Island, NY asked in Family Law for New York

Q: Can a parent stop paying their child's court ordered (70%) college expenses, if child custody is cut off at age 21?

Custody payments are getting cut off at child's 21st birthday but the same stipulation from the court order does not state a cutoff date for college expenses. My child is having major anxiety because her father and his family (should not be involved) claim they will NOT pay for room and board or anything else next year when she becomes 21. She is currently a Junior and since freshman year was aligned for the 5 year Master's program. Her tuition, room and board have been reduced (Other parent allows a grant towards tuition due to out of state residency and also pays 30% share for tuition and room and board and utilities).

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Garden City, NY
  • Licensed in New York

A: The answer depends on whether or not you have a stipulation of settlement. If you do, that would control. It can say that support (including college) goes until age 22 or any other time. If you do not have a stipulation but only a court order, then all support stops AT age 21 as courts cannot order support beyond 21 without the consent of the parents.

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