Can a parent be forced to pay for college in New York?

Asked by: Sadye Hilpert  |  Last update: May 27, 2025
Score: 4.9/5 (6 votes)

While there is no legal provision mandating parental contribution to college expenses in New York, the New York legislature has nonetheless given courts the discretion to order parental contribution "based upon the circumstances of the case and of the respective parties."

Are parents obligated to pay for college in NY?

It's important to note that New York law does not require parents to pay for the full cost of college. Instead, the court will typically set a reasonable limit based on the parents' financial capabilities.

Is a non-custodial parent responsible for college expenses in NY?

However, when it comes to college expenses, the court has the discretion to determine whether the non-custodial parent should contribute to these costs, and if so, how much they should contribute. This decision is not automatic and requires careful consideration of several factors.

Can my ex force me to pay for college?

You both certainly may make the choice to pay, but you are not required to do so. So, unfortunately, it does not appear that you have any legal ability to require him to contribute to your daughter's college expenses.

What states force parents to pay for college?

There are some states (Alabama, Arizona, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Maryland, Massachusetts, Mississippi, Missouri, Montana, New Jersey, New York, North Dakota, Oregon, South Carolina, South Dakota, Utah, West Virginia, and Washington) that give ...

Student Wins Lawsuit For Parents To Pay For College Education

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Do you still have to pay child support if the child goes to college in NY?

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. This means the obligation to pay support often extends through some, if not all, of the time that the child is in college.

Is it a parents job to pay for college?

Parent income — i.e., the money a student's parents, legal guardians, or step-parents earn from their jobs — is one of the primary sources of funding for the average kid's college degree. In the past year, 63% of families used one or more parent's current income to fund college expenses, Sallie Mae reports.

How should divorced parents pay for college?

Section 529 prepaid tuition plans and section 529 college savings plans are especially popular vehicles for funding the college education of children of divorced parents, as they permit the non-custodial parent to limit their financial obligation by prepaying for a set percentage of college costs.

Can a parent force a child to go to college?

If you don't want to go to college but your parents are pressuring you too, do want you think is best for you, and if it seems like your parents are harassing you try not to take it personally they love you and want what is best for you, but regardless of the matter no your parents cannot directly force you to go to ...

What happens if you can't pay for college anymore?

Contact your school's financial aid office

You can also call the office directly to tell them about your situation and inquire about other means of receiving aid, such as merit scholarships. Unfortunately, your school's decision will be largely based on your circumstances and the resources they have available.

How long are your parents financially responsible for you in New York?

In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.

What is the SUNY cap in NY?

The SUNY Cap is based on the cost of attendance at a college within the State University of New York system, which tends to be more affordable compared to private institutions. The SUNY Cap includes several costs: tuition, room and board, fees, books and other necessary educational expenses.

Who claims college tuition on taxes parent or student?

Do you get a tax credit for paying college tuition? It is possible to get a tax credit when you pay college tuition. You can claim a tax credit for your college tuition, or your dependent child's college tuition, either through the American Opportunity Tax Credit (AOTC) or the Lifetime Learning Credit (LLC).

Why do colleges ask for parents' income?

The federal student aid programs are based on the assumption that a dependent student has parent support. As a dependent student, you're assumed to have parental support, so your parents' information has to be assessed along with yours to get a full picture of your family's financial resources.

When should parents stop paying for college?

Are parents legally obligated to pay for college? State law rules that the obligation to financially support your kids ends when the child turns 18. That means parents have no legal obligation to pay for their child's college education — with one exception.

Should I make my child pay for college?

It can teach responsibility: Deciding to pursue a college degree is a privilege that comes with great responsibility. Requiring your child to pay their own college tuition could help them develop personal responsibility and understand the impact of their decision making.

Can you be forced to pay for your kids college?

In the state of California, there is no law that makes it compulsory for divorced parents to pay for their child's college tuition. In most cases, child support payments will not cover your child's college education or other college-related expenses.

Can you sue your parents for forcing you to go to college?

Your parents cannot "force" you to go to school, they can offer incentives and/or disincentives but ultimately the choice is yours.

Are parents responsible for kids in college?

Under California law, a parent's duty to financially support their child does not expand beyond the child's 18th birthday, unless the parties explicitly agree in a written settlement to the contrary. Therefore, a court cannot apportion child support to cover the child's college expenses.

Do divorced parents have to pay for college in NY?

The determining factor is often the divorce settlement itself. If the settlement explicitly states that the parents will contribute to college costs, they are legally bound to do so. However, if the agreement is silent on this matter, it's not a given that the court will mandate such contributions.

Can I force my ex to pay for college?

The short answer is no; you cannot make an ex pay any form of child support after the child turns 18, including college tuition. However, if paying college tuition was part of the initial divorce settlement, your ex will have to keep up his side of the agreement and pay his share of college costs.

How do I pay for college if my parents won't?

Along with applying for scholarships, you'll want to make sure you apply for grants and federal work study programs to help you cover college costs like tuition, room and board, and books and supplies. And to do that, you'll need to complete the Free Application for Financial Student Aid, or FAFSA®.

What percentage of parents pay for their kids college?

MILWAUKEE, May 1, 2024 /PRNewswire/ -- Among American parents saving for their children's college education, 95% expect to cover more than half of the cost for their children. While about one in three (36%) say they will pay for the full cost, two in three (64%) expect their child to pay something.

Who usually pays for college?

Most undergrads have help from parents to pay for college. Many also receive grants, borrow student loans, or work part time. Find out how the average student covers the cost.

How do parents afford to pay for college?

Most families pay for college using some combination of savings, income and financial aid. Financial aid is money you receive to help cover college costs. Some financial aid, like grants and scholarships, doesn't need to be repaid. Financial aid can also come in the form of loans — money you have to repay.