Divorce & college expenses: In New York what is the rule about college expenses? Can I force my husband to help with college expenses?

Divorce advice for parents with college age kids
So, what’s the deal with college expenses? Who pays for that after a divorce? Can the court force the more affluent parent to pay? In the First Department yes.
The First Department is New York County and the rule is that provisions must be made for college expenses–particularly if both parents are college educated themselves. Usually the Court uses what’s called the SUNY formula. So whatever the tuition and board is at State University, that is what the parties are obligated to pay even if the child does not go to a SUNY school. Each parent’s obligation is usually pro rata but the cout has discretion to order a different arrangement, including have one parent foot the whole bill.
Also in the first department, there is no compulsion to pro rate the obligation to pay college expenses against child support. Meaning that child support would be separate and still required even when the non-custodial spouse is paying his or her share of the college expenses. Even if the children are still in Junior high school or high school is is likely that the parties would be strongly encouraged to reach an agreement about college expenses. If not, the matter would likely to litigated. But the likely outcome is that whatever the case reveals, absent a truly compelling excuse, neither party is getting out of college expenses. Certainly not in the First Department.
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