Q: I pay child support for my children. They will be 20yrs old this December and in their third year of college. Am I legally responsible for paying for their college education? Our divorce decree/or separation never stated anything pertaining to such. Why can't they pay for their college, as I have paid for mine. I am sure I am not first to ask this nor will I be the last.
A: David's Answer: First, I'd advise against taking legal advise from a lawyer not licensed to practice law in NY. Even if your divorce decree was silent on the question, you may still be liable for college expenses. The custodial parent would need to file a modification petition to include the college expenses as an add-on to the basic level of support. The primary issue then is whether based on the support you're already paying as well as your basic living expenses you can afford the additional amount for college. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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