Q: Can I sue to increase low alimony insufficient for college expenses in NY?

A: No. First of all spousal support (NY does not have "alimony") goes to the former spouse, not the child. Second, spousal support is based on the relative incomes of the parties at the time of the divorce and the length of the marriage. Third, spousal support is not for the support of the child, that would be child support. Fourth, the parent might be able to petition the court for an increase if certain criteria is met. Your mother should speak to a lawyer.

A: Technically, this is child support, but whether you will be able to increase that amount to cover college as well depends in part on whether the original child support was part of a divorce settlement or not. One within them need to look at whether the divorce settlement addressed college or waive those costs. If the child support was just part of an original Family Court support order and you’re still under 21 then most likely your mother petition to include a share of college Call a child support attorney in your county to schedule a consultation for a full assessment.

A: I understand how stressful it must feel to be facing significant financial strain while trying to manage college expenses. Higher education costs are substantial, and it is natural to wonder whether the law allows alimony to be adjusted to cover them, especially if the paying parent has the resources to contribute more.

In New York, alimony is referred to as spousal maintenance and is meant to support a spouse after divorce, not a child. If you are the child of divorced parents, you generally do not have the right to sue for an increase in alimony, since those payments are intended for your parent rather than for you. Instead, the legal obligation for educational expenses typically falls under child support orders, not maintenance. New York law (Domestic Relations Law § 240) gives courts authority to direct a parent to contribute to a child’s college expenses, depending on the circumstances, but this has to be specifically included in the judgment of divorce or modified through a child support proceeding.

If the divorce settlement or judgment did not include provisions for college costs, you cannot convert or expand an alimony award into coverage for educational expenses. The proper legal route is generally for the custodial parent to petition Family Court or Supreme Court to seek modification of child support to include college contributions, if that issue was left open or not fully addressed. Courts weigh factors such as the parents’ income, the standard of living the child would have enjoyed if the marriage had continued, and the type of education being pursued.

If the agreement from ten years ago was comprehensive and specifically resolved both maintenance and child support issues, the ability to reopen the case may be limited, unless there has been a substantial change in circumstances or the agreement allows for modification. It is also important to clarify whether you are referring to your mother’s alimony or your own educational support. If you are in college and over 18, the focus would likely be on child support or direct agreements regarding education costs, not alimony.

This response is for informational purposes only and does not constitute legal advice. The specific language of the divorce judgment or settlement agreement will control your options. I recommend that your parent or legal guardian consult with a New York family law attorney to review the agreement and determine whether a petition for child support modification is available.

A: In New York, alimony (also called maintenance) is typically intended to support the former spouse, not the children. College expenses are usually handled separately through child support or specific provisions in the divorce agreement. Since your alimony arrangement does not mention coverage for college, the court will not usually treat it as a source for paying tuition.

That said, New York courts can sometimes require parents to contribute to college costs, but this is usually addressed through child support proceedings rather than alimony. If you are still considered a dependent child under the law, your custodial parent may be able to file a petition asking the court to require your father to contribute more toward tuition and related expenses. The court will weigh his financial ability against the reasonableness of the college costs.

You cannot personally sue to increase your father’s alimony payments because alimony is an arrangement between spouses, not children. However, if your college expenses are a major burden and your father has significant resources, the proper legal path would be through a modification of child support or a motion for contribution to education expenses. This allows the court to directly consider your current needs and your father’s ability to pay.