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).

Related Topics:
1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.