Child Support responsibility of a non custodial parent after their child turns 21 years old while in school full time or part time.
Landlord / Tenant Lawyer
Look at the child support order first. Otherwise, review the following:
"Child support" is defined as a sum to be paid pursuant to court order or decree by either or both parents or pursuant to a valid agreement between the parties for care, maintenance and education of any unemancipated child under the age of twenty-one years.
At the same time, another statute CPLR 240 (1-b)(c)(7) gives the court the authority to do the following:
"Where the court determines, having regard for the circumstances of the case and of the respective parties and in the best interests of the child, and as justice requires, that the present or future provision of post-secondary, private, special, or enriched education for the child is appropriate, the court may award educational expenses. The non-custodial parent shall pay educational expenses, as awarded, in a manner determined by the court, including direct payment to the educational provider."
In other words, the court can order child support to 21 and payment of education expenses.
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