Your obligation is for your share of the costs that would be incurred at a SUNY school. You would pay the private school costs up to the 'SUNY cap'. If you would pay $15,000.00 if you child went to a SUNY school, you would pay $15,000 toward the cost of the private school, even if your true share of costs would be more.
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Review the agreement with your divorce lawyer. The amount that would be used at the state school would be the limit of what could be used at a private school. The difference would be your responsibility.
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You leave out any terms concerning share of contribution by the respective parents. From that which you do state, you use the lower of the SUNY tuition, room, board and books or the actual costs for the private college attended. Then you apply the allocated percentage you are obligated to pay as a parent. If there is a shortfall of the actual to the cap, neither parent is on the hook, and the student will have to obtain financing elsewhere if neither parent can or will voluntarily pay the difference.
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