NYS- do i have to pay college exp with child support? I am non custodial parent?
Question:
Answer:
That depends on what the divorce agreement says. If it is not in the current divorce papers, then they may be able to take you back to court for it.
First, By WHOSE choice is the child living with the Grandparents?
If the COURT ORDERED living arrangement was that the child live with the mother, then, YOU should file a motion to have the child live with YOU before the Grandparents. My feeling is that if your child is NOT living with the court-appointed parent, and that parent continues to receive support for that child, then she is committing FRAUD. Proof of this is that the grandparents have "adopted" him by claiming him as a dependent.
Speak to your attorney, and soon !! I'm sure you can set this right.
As far as college expenses are concerned, if the divorce agreement is "silent" on the matter, then I would think that you are not compelled to pay any more than your current support order stipulates.
In most cases today, where it comes to College, most divorce settlements will say that an "attempt must be made to exhaust all avenues of Endowments, Scholarships, Grants, Financial Aid, Student Loans, etc. before the parents responsibility is applied." ...or words to that effect.
Again, seek your Attorney's advice, you have a lot going on here that needs close scrutiny.
Good Luck.
More Questions & Answers...