Outlaw
recently joined
Reged: 03/25/08
Posts: 1
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I live in NY, my son will be age 21 the beginning of June 2008. My ex and I were never married so there are no sep or divorce agreements. My son has barely made it through high school and at age 21 will be graduating. Am I resposible for all or part of his college tuition?
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onerose
Carpal \'Tunnel
Reged: 12/30/05
Posts: 3151
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He graduated HS at 21 years old?? Did you pay CS that whole time?
I don't THINK you will be required to help pay for college. If you want to, that is great, but if you can't or don't want to, then I don't think you will have to.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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No .
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Careful. We don't want to learn from this.
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Susanf31
Carpal \'Tunnel
Reged: 06/02/05
Posts: 10630
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Graduting highschool or college at age 21?
Do you mean he dropped out of HS and is just now finishing his GED??
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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No
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GO CUBBIES!!!!
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Stirling
enthusiast
Reged: 06/02/05
Posts: 327
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If he barely made it through high school is it realistic to think that he will do well in college?
I dodn't think that your son or ex could force you to pay for college, but you could contribute if you wanted to.
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PhoenixRising
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Reged: 01/05/07
Posts: 3681
Loc: New York
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NYS has no statute that "requires" parents to pay for their child's college expenses...
HOWEVER, if the biomom goes to court and asks for an order that college tuition expenses to be split; it will most likely be awarded.
The NYS precedent is based on the fact that children from "broken homes" are "more likely" to become a "drain on society".
Education has been deemed the solution.
Therefore it is favored that parents split college tuition costs (only to the capped amount analagous to SUNY's tuition rates)....
While you will hear from other posters about whether such mandates are "fair" or even reasonable given your child's academic difficulties; that doesn't change the law.
The only basis for opposing such an order would be to prove that paying for college would pose an "overwhelming" financial hardship.
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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[quote]If he barely made it through high school is it realistic to think that he will do well in college?
I dodn't think that your son or ex could force you to pay for college, but you could contribute if you wanted to. [/quote]
In most states, if you have the "ability" to pay (or contribute somehow), you can be ordered to.
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GO CUBBIES!!!!
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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[quote]NYS has no statute that "requires" parents to pay for their child's college expenses...
HOWEVER, if the biomom goes to court and asks for an order that college tuition expenses to be split; it will most likely be awarded.
--> Doubtful if the father has no ability to pay it. Illinois is basically the same.
The NYS precedent is based on the fact that children from "broken homes" are "more likely" to become a "drain on society".
--> I bet the "used" that, after spending millions on the study..LOL
Education has been deemed the solution.
--> Well, it's certainly a solution to breaking the cycle of poverty, broken home or not.
Therefore it is favored that parents split college tuition costs (only to the capped amount analagous to SUNY's tuition rates)....
While you will hear from other posters about whether such mandates are "fair" or even reasonable given your child's academic difficulties; that doesn't change the law.
--> I am suprised it hasn't been challenged. I bet it had. I'd love to read it.
The only basis for opposing such an order would be to prove that paying for college would pose an "overwhelming" financial hardship. [/quote]
---> Oh..sorry..guess it's the same as I said..Illinois is the same and has been for at least 13 years..most states are..I dont think Illinois or NY are unique in this..if you CAN pay, Jr. is going to college..
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GO CUBBIES!!!!
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almostheaven
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Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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What I read of the NY statute is that they won't order college and/OR CS past the age of 21, which this kid is:
N.Y. Do . Re. Law § 240(1-b)(c )(7) provides that the court may award educational expenses, such as for college or private school or for special enriched education. A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so. See Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S.2d 591 (1991).
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Char Fox
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