Generally, New York law dictates that child support obligations end when the child in question turns 21. Parents are free to extend their support obligations via a stipulation; however, for example, it is not uncommon for divorcing parents to develop an agreement defining obligations for their children’s college tuition. As demonstrated in a recent New York opinion, the courts will usually deem such provisions enforceable. If you need assistance with a child support dispute, it is wise to consult a New York child support lawyer to determine your options.
History of the Case
It is alleged that the husband and the wife were married and had three children together. The wife initiated divorce proceedings, and all ancillary matters were resolved through a Stipulation of Settlement in 2017. The stipulation addressed, among other things, child custody, child support, and college expenses. Pursuant to the Stipulation, the wife had sole physical custody of the children, while the husband was obligated to pay child support. The parties were divorced by a Judgment of Divorce later that year.
It is reported that the Stipulation included provisions regarding the children’s future college expenses and the husband’s obligation to maintain a life insurance policy for the benefit of the children. The wife subsequently filed a motion seeking an upward adjustment of child support based on the husband’s increased income, contribution towards college expenses, and proof of compliance with the life insurance provision. Continue reading