Retroactive Child Support Awards: Heads I Win, Tails You Lose? Providing the non-custodial parent with a credit for payments towards a child’s college room and board is sound policy. Child support is determined by looking at the number of children involved, the salary of each guardian, and each parents earning potential. In most cases, the child must be either related by genetics or adoption to request child support. It is important to make sure that the agreement is clear and unambiguous, such that it specifies that the non-custodial parent’s payments towards a particular child’s room and board will provide a credit towards that child’s support payment. Some states, like Michigan, go beyond the age of 18 to 19 1/2 if the child is still living at home and attending high school full-time. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If the grounds required by New York could not be established, spouses, like the Shapiros, remained married. The system of dividing payments among cases is termed allocation. Still, a parent who is getting a divorce and who is concerned about the payment of future college expenses for a minor child should be prepared to raise the issue of college expenses with a Coral Springs child support lawyer early on in the proceedings. In most cases, the child must be either related by genetics or adoption to request child support. Also, I’ve read horror stories on the internet about kids who drop out of college and when the non-custodial parent goes to court to have the insanity (read: child support and college tuition) stopped, the judge will say, “Oh, he’s only taking a break for 6 months…you still have to … Lawyer Fees in Divorce and Matrimonial Cases, November 23, 2015, What are the New York Divorce Residency Requirements? Court Extends Parent's Obligation to Pay College Expenses Beyond Child's 21st Birthday. Moreover, a parent should not be required to couch every answer in a support hearing with the caveat, “but not beyond my child turning 21.” Nor should a parent’s attorney be required, as a matter of due course, to specifically inquire whether a parent desires to stop his or her support obligation at the child turning 21. Courts will generally consider affording the child support payor a dollar-for-dollar credit (i.e. Attorney Advertising. The contact form sends information by non-encrypted email, which is not secure. Contact the Law and Mediation Office of Darren M. Shapiro at 516-333-6555 or via our online form. For a court to dismiss those formalities does not do the judicial system “justice.”, A graduate of Yale College and a Law Review graduate of the Hofstra University School of Law, Neil Cahn has practiced law on Long Island…. A divorce lawyer in Massapequa at Simonetti and Associates, The system of dividing payments among cases is termed, . “The Child Goes to College But the Bills Stay Home” The law in New York requires the “non-custodial” parent to pay child support to the “custodial” parent until the child is 21 years old. Basic child support is calculated based on a formula using initially the first $143,000 (as of 2016, this number changes over time) of both parents’ combined income and a discretionary amount or an amount based on the same formula for income that exceeds $143,000.00. If you are parent who is paying child support and you are also paying for your child’s college room and board, are you entitled to a credit for those payments? Contact the Law and Mediation Office of Darren M. Shapiro at 516 … The cost of tuition, books and other mandatory expenses such as school fees are almost always considered section 7 expenses.

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