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Question regarding loser SS19 and college

Stepmomnotroses's picture

Submitted by Stepmomnotroses on Wed, 11/25/2020 - 10:41am

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General Discussion

DH recently found out older SS19 has been thinking about going to college. Now SS19 is a total loser and barely passed high school. In a moment of weakness DH agreed( Unfortunately legally in family court) to pay for FULL college for both kids. There is no way DH can afford this without going Bankrupt. 

Let me back up... We live in New York where child support goes to 21 NOT 18. DH is still paying child support for SS19. There is no age limit in the legal agreement for paying for college. So does this mean if SS19 decides to go to college at 26 DH is going to be held responsible since there is no cut off age in the agreement? Also after SS19 turns 21 and BM no longer gets child support will it be SS19 who has to take DH back to court if DH refuses to pay? 

CLove's picture

Submitted by CLove on Wed, 11/25/2020 - 10:49am

This question has come up before.

The advice has always been "consult a lawyer on this", because yeah, these agreements are binding, in general.

tog redux's picture

Submitted by tog redux on Wed, 11/25/2020 - 11:17am

I am in NY - one more child support payment left, SS turns 21 in January! woohoo!

Anyway, if there is no age in the order, it ends at 21, period.  Consult an attorney, but that's the NY law around college support. DH got ordered to pay tuition and it ended at 21.  SS went to community college for one year and then dropped out, thank god. Sorry to say that, but he didn't deserve his tuition paid, he refused to speak to DH for years. 

SMto2's picture

Submitted by SMto2 on Wed, 11/25/2020 - 8:52pm

CONGRATULATIONS TO YOU, TOG! That is an amazing feeling, for sure! (And a biggie to add to this year's "thankful" list!)  I hope you do something nice for yourself & DH to celebrate.