Payment of Children’s Educational Expenses

When parents divorce in New York State, each parent is responsible for the support and maintenance of any child born of the marriage. New York has a statutory formula for calculation of each parent’s “basic” child support obligation. The formula is dependent upon the number of children, the gross income of each parent (less FICA payments he or she has made) and any previous court-ordered obligation of a parent to pay support for other children.

In addition to basic child support, the courts may order each parent to contribute to other expenses of the children. These are usually referred to as “add-on” payments and include the following expenses — health insurance premiums, uncovered medical expenses and educational expenses.

There is no formula to determine what amount a parent must contribute to educational expanses. The amount is discretionary and determined after the Court’s consideration of several factors, including the parent’s ability to pay, the child’s resources, the aptitude of the child, the education enjoyed by the parents and the expectations for the child education that the parents had before the breakup of their marriage or relationship.

Educational expenses can include tuition, books, room, board, and fees for private elementary school, private secondary school, college, or vocational Training. A parent may be ordered to pay all or a portion of the educational expenses. The courts can order the parents to cooperate in applying for financial aid and may set limits on their obligations, such as the cost of a state university.

The Courts are empowered to order the payment of educational expenses only until the child attains the age of 21 years —the end point for payment of child support in New York State. If, however, parents agree in a valid Separation or Settlement Agreement to extend a parent’s obligation for educational expenses beyond the time that child attains the age of 21 years, the Courts will enforce that Agreement.

The matrimonial attorneys at O’Connell & Aronowitz are experienced in the nuances of court-ordered educational expenses. Click HERE to contact our office for a consultation about this Important and potentially expensive issue.