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Should I State Child Support Until 21, But That We Agree To Credit Me With Any Funds I Contribute Toward College Expenses?

| May 3, 2016 | Uncategorized

Q: The situation is as follows: NY residents. Husband and I have settled custody for 50/50 arrangement. I make 10% more, and so he is requesting child support. We have agreed to my paying support until the children go to college (age 18). After that, the idea is that we will both pay college at 50/50 (he doesn’t want to show assets which far exceed mine). In looking at the agreement, his lawyer did write child support until 18, but then put a large section about emancipation. He also wrote 50/50 for college, but didn’t specify that my child support contribution was intended to go towards college expenses. I do not have a lawyer, but a friend of mine who has gone through this says we must specify, or else my ex could come back when the kids are 18 and ask for support, regardless of our agreement that resources be directed toward college expenses. I don’t want to sign it this way if that is true. Thank you.

A: David’s Answer: First, you should either retain an attorney or at the VERY least have the proposed agreement reviewed by one. That said, your instincts appear correct – any stone left unturned may come back to haunt you later. Schedule a consult with a Westchester Family Law attorney for a full assessment.

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