Parents who divorced when their children were young may have signed an agreement focused on school pickups, holidays, and summer camp. When those children start touring campuses, the agreement may say very little about tuition.
New York law addresses the question directly. Courts can order divorced parents to contribute to college, and the contribution is discretionary: the court decides whether to order one, and how much, based on the family's circumstances. The rules for how college interacts with the regular support payment come from decisions of the Second Department, the appellate court that covers Nassau County.
Child Support in New York Generally Continues Until 21
Under Family Court Act § 413, parents are chargeable with the support of a child under 21. That duty applies to an unemancipated child, meaning one who is not yet independent in the eyes of the law. A child under 21 who marries, becomes self-supporting, or enters the military is generally considered emancipated, and support can end earlier.
Age 21 is also the general cutoff for court-ordered college contributions. In Powers v. Wilson (2d Dep't 2008), the court held that without a voluntary agreement, a parent cannot be directed to contribute to college for a child who has turned 21. Parents can agree in writing to continue contributions past 21, and a settlement agreement incorporated but not merged into a divorce judgment binds the parties as an independent contract.
Separate rules apply to adult children with developmental disabilities. Family Court Act § 413-b allows a court to order support for a qualifying adult child until age 26. That provision has its own requirements and operates separately from college support.
Courts Can Order a Contribution Even Without an Agreement
Domestic Relations Law § 240(1-b)(c)(7) allows a court to award educational expenses when, considering the circumstances of the case and of the parties, the best interests of the child, and the requirements of justice, post-secondary education is appropriate. The court can direct payment straight to the school.
The Second Department has held that a court may order a contribution even without special circumstances or an agreement between the parents. Courts weigh the parents' own educational backgrounds, their ability to pay, and the child's academic ability and goals.
What the SUNY Cap Is and When It Applies
A SUNY cap limits a parent's contribution to what it would be at a State University of New York school. Any order or agreement that uses one should define the benchmark, such as which campus or tuition figure applies, and spell out which expenses the cap covers.
In Powers, the court made two separate rulings. The father would pay 60 percent of the children's overall college expenses, and his tuition contribution was measured against the highest tuition in the SUNY system. The Second Department upheld both.
The Second Department has also declined to apply a cap:
- Berliner v. Berliner (2006). The court vacated a cap, finding no basis for it in the record, particularly because the children attended a private boarding school.
- Friedman v. Friedman (2016). In a Nassau County case, the court refused to add a cap because neither the parties' agreement nor the judgment of divorce mentioned one.
- Matter of Manfrede v. Harris (2018). In a Nassau County Family Court case, the court upheld a refusal to impose a cap where the father had promised to help with a private college and the child relied on that promise in choosing the school.
Whether a cap applies turns on the parents' means and education, what the agreement says, and what was promised along the way.
How College Can Affect Monthly Child Support
A parent paying both child support and a share of college costs can end up covering some expenses twice. In Reinisch v. Reinisch (1996), the Second Department held that a parent in that position is entitled to a credit for college contributions during the periods when the child lives away from home.
The credit applies only to the room and board portion of college costs, the part that replaces what the other household would spend housing and feeding the child. It applies only against the support attributable to the child in college, so support for younger siblings stays in place.
In Levy v. Levy (2d Dep't 2008), a Nassau County case, Family Court credited a father with half of all college expenses against his support for three children. The Second Department sent it back for a new calculation limited to room and board and to the child in college.
The father in Levy got his adjustment by petitioning the court. A parent who expects a credit should follow the adjustment terms in the existing order or agreement, or ask the court to set the new amount, before paying less. Reducing payments without that step can create arrears.
The Agreement You Signed Years Ago
Many settlement agreements say only that the parents will share college expenses in proportion to their incomes. That leaves open:
- Whether a SUNY cap applies, and how it is measured.
- Whether room and board, books, fees, travel, and application costs count as college expenses.
- Whether scholarships, grants, and student loans reduce what each parent owes.
- Whether either parent has a say in choosing the school.
- Whether contributions continue past 21 if the child is still enrolled.
In Friedman, the specific terms of one agreement decided the outcome. College was paid first from the children's custodial accounts, the parents had to discuss and agree on each child's school, remaining costs were split by income, and nothing mentioned a SUNY cap. The court found the mother had sufficiently complied with the consultation clause and refused to add a cap. She was unemployed, so under that agreement's income-sharing formula the father paid 100 percent of the costs above the custodial accounts. That result followed from how that particular agreement was written.
What Drives These Disputes in Practice
Many college disputes start with an assumption made years earlier. One parent assumes support ends at 18 and stops paying on a birthday, which can create arrears when the order says otherwise. One parent promises to help pay for a private college, and that promise later becomes evidence, as it did in Manfrede. One parent picks a school without consulting the other and expects a check.
The time to review the agreement is while the child is a sophomore or junior in high school, before applications and deposits. If the open questions above need answers, have the changes properly drafted and formalized so they can be enforced.
Contact the Law Offices of Anthony J. LoPresti
If your child is approaching college and your agreement does not clearly say who pays for what, the Law Offices of Anthony J. LoPresti can review it with you. The firm handles child support and modification matters for families throughout Nassau County and Long Island. Call 516-252-0223 or visit nassaufamilylaw.com.