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What is New York's stance on parents' duty to college support?

New York's Legal Position on Parents' Duty to Support College Education

In the State of New York, the question of whether parents have a legal obligation to provide support for their children's college education is one that has evolved over time. Unlike child support obligations which are well-defined under New York law until the child reaches the age of 21, there is no statute that explicitly imposes a duty on parents to pay for their child's college expenses. However, through case law and divorce settlements, a de facto understanding has emerged.

Historically, New York courts have determined that under certain circumstances, parents may be required to contribute to their child's higher education costs. This expectation typically arises during divorce proceedings or as part of a separation agreement. When parents are divorcing, they often negotiate terms that include provisions for the payment of college expenses. These agreements then become enforceable as part of the final divorce decree.

For example, in the landmark case of Van Kipnis v. Van Kipnis, the court held that a parent's obligation to support a child's education extended into the college years if there was demonstrated ability to pay, if the child showed academic aptitude, and if it was in keeping with family lifestyle and circumstances prior to separation or divorce.

It should be noted that while divorced or separated parents may be legally bound by their agreements or court orders to fund college costs, intact families are not under such obligations. In cases where a family remains together, decisions surrounding the financing of a child’s education are typically considered private matters left to the discretion of the parents.

When college support becomes an issue during divorce, New York courts consider several factors including:

As with any legal matter, nuanced details and individual circumstances can significantly impact outcomes in cases pertaining to college support. Parents facing potential obligations or disputes related to college expenses should seek guidance from an experienced family law attorney.