I have been paying my regular child support payments thus far. My two children are both away at ny state suny colleges There is no stipulation in final divorce decree addressing any responsibility on either party to contribute to college. What then is my obligation if any? My both kids get financial aid which covers their whole tuition and there is a surplus of funds that is then used towards room n bd. I have contributed towards both their remaining room and board expenses PLUS still paying the full amount of monthly child support. I would like to receive a credit for the amount of monies paid towards room and board off my child support obligation. Is this possible? If so how would I would go about handling this in family court.
You do do not state with certainty whether there is an order for child support. If there is no order, you have no obligation.
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
I understand your issue of a child support agreement but no provision for college. Either contact you prior attorney or pick from avvo. Either the contact attorney tab or find an attorney.
If there is no current written obligation to pay for college, then you cannot request a credit for payments toward room and board until there is an order on college expenses. You need to petition the court asap, provide proof of what the expenses are and what you have paid, and see if you can get a credit. It is not unusual for an agreement to have a college provision where the NCP gets a credit for what they pay towards room and board at college, off child support, but it needs to be in the agreement.
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