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Does anyone have experience with college expense orders? (new york state)

bronx mom's picture

Submitted by bronx mom on Tue, 02/19/2013 - 1:52pm

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Family Court

My husband and his ex are trying to come to new child support terms, since one of the kids now lives with us. (Though they are both over 18.)

The whole experience has been very frustrating, because their communication is terrible.

She is saying that if he doesn't agree to her terms (basically to pay support for a kid who is living with us) and they go to hearing, she will sue for college expenses, and she is 100% certain he will be ordered to pay for college in addition to child support.

He earned about 35,000 last year, has no savings, and is drowning it debt. I find it hard to believe the court would order him to pay beyond support (both kids could attend the college where I work, for free), but I know NYS does order college expenses... so maybe she's right?

DH is scared of her and inclined to accept what I think is an unfair deal.

Just wondering if anyone has experience with NYS family courts and their inclination toward ordering college payment where there is no means.

bronx mom's picture

Submitted by bronx mom on Tue, 02/19/2013 - 2:32pm

No, I don't think anyone could accuse him of this it's pretty much been his earning capability all along (the most he ever made was low 40s)... but his ex seems very very certain that he'll be ordered to basically pay for his daugther's private college and the court "won't care" that he has no money to do so.

Anyway, thanks for answering. I think he'll likely go on paying the child support (even for the kid who lives with us) for fear that things could get worse.

GhostWhoCooksDinner's picture

Submitted by GhostWhoCooksDinner on Tue, 02/19/2013 - 2:43pm

I'm in NY, and my ex and I have no college stipulations in our orders so I don't think it's mandatory. I think it's the most stupid thing ever. What happened to kids paying for their own college?

I do know support is mandatory to age 21 in NY, unless the "child" is married, or otherwise financially independent. Can't that go toward college expenses?

bronx mom's picture

Submitted by bronx mom on Tue, 02/19/2013 - 2:54pm

Thanks. Do you have any idea how much someone with that income, 30K in personal debt, and nothing in savings might be ordered to contribute to college?

I have two kids, and sometimes I think I might need to divorce to protect them from this nonsense... but my poor husband is going to die in the poorhouse.

GhostWhoCooksDinner's picture

Submitted by GhostWhoCooksDinner on Tue, 02/19/2013 - 2:55pm

I wish I had better advice, but I have no idea. I think it's ludicrous that parents are being ordered to pay for their kids' college! I hope everything works out! Smile

bronx mom's picture

Submitted by bronx mom on Tue, 02/19/2013 - 7:11pm

do you know if they order parents only to pay, say, the expected family contribution?