Arnel Law Firm
Free Consultations 347-966-7378
Experienced Family Law Guidance And Advocacy Since 1983

Negotiating children's college expenses during divorce

Divorce agreements in Brooklyn can include provisions for ex-spouses and child custody, including how much and how long spousal or child support is paid. Beyond alimony and child support considerations, matrimonial lawyers suggest that divorce settlements include how parents will cope with the costs of their children's college education.

If children are young at the time of their parent's divorce, expenses associated with post-secondary education easily can be overlooked. The issue can become contentious much later when the end of mandatory child support often coincides with the start of a college education.

Unless otherwise stipulated in a divorce agreement, most child support payments stop between the time a child reaches adulthood at age 18 or emancipation age, which is up to 21. No laws force a parent to pay for college without a prior agreement or court intervention.

Forward-thinking attorneys suggest that parents solve the education payment problem at the divorce table. Exes can decide how much each will contribute toward a child's college experience from tuition to monthly spending allowances. Escrow accounts and trust funds are frequently used to set aside the funds.

Paying for a child's college education does not replace a parent's obligation to pay spousal or child support.

Divorcing couples in New York have the option of a "SUNY Cap" to limit college expenses. College costs are based upon projected expenses for a State University of New York education regardless of the school a child ends up attending.

The greater the difference between a child's age and the time he reaches college, the harder it is to project just how much the cost of a post-secondary education will be. Couples trying to resolve the issue sometimes employ a specialized financial planner to determine accurately what expenses to expect.

Source: Forbes.com, "Who Pays for College Tuition? Top Factors for Divorcing Women to Consider," Jeff Landers, Jan. 24, 2012

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Arnel Law Firm

16 Court Street
Suite 2905
Brooklyn, NY 11241

Phone: 347-966-7378
Fax: 718-875-8951
Brooklyn Law Office Map