Do I Have to Pay for My Child’s College Education?

David P. Badanes, Esq.

If you are getting divorced and have children, one of the issues you will need to determine, is whether or not you need to pay for your child’s education.

You and your spouse can enter into an agreement regarding whether or not you will pay for your child’s education. Alternatively, the Court can issue an Order resolving this issue for you.

If you and your spouse enter into an agreement that specifies that you will pay for your child’s education, then that will resolve this issue. However, there are many details that you will need to consider. For example:

1. Will you pay for just tuition or for tuition, fees, books, room and board, etc.? Your agreement should specify exactly what you will pay for.

2. Will you pay for four years of undergraduate college or for how many years it takes to receive an undergraduate degree?

3. Will you pay for graduate school?

4. Will you decide the maximum amount that you are obligated to pay? In New York, most agreements state that the maximum obligation is the cost to attend a State University.

5. How much you will pay and how much your spouse will pay.

If the Court decides the issue, they will consider whether the “best interests” of the child require you and your spouse to pay for the child’s college education. The Court will consider the following factors:

1. Did you or your spouse attend college? If the answer is yes, for either parent, then it is likely that you will have to pay for your child’s college education.

2. Does the child have the academic ability or other attributes (sports, music) to go to college? If the answer is yes, then it is likely that you will have to pay for your child’s college education.

3. Do you or your spouse have the financial ability (with loans, if necessary) to send your child to college? If the answer is yes, then it is likely that you will have to pay for your child’s college education.

If you are getting divorced and need more information about whether or not you need to pay for your child’s college, then call David Badanes and the Badanes Law Office. David Badanes has helped countless clients in Suffolk County and Nassau County in obtaining their divorce. Call the Badanes Law Office today at: 631-239-1702, email us at david@dbnylaw.com or visit our web site: www.dbnylaw.com.

The Badanes Law Office has offices in Northport (Suffolk County) and in Garden City (Uniondale).

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