If The Parents Can’t Agree On All The Terms Of Child Support, What Are The Most Productive Ways To Resolve These Types Of Matters?

The most productive way is through negotiation and having a sit-down with the parent to say, “Does it make sense to spend many thousands or tens of thousands of dollars taking the particular issue to trial, or is there a way to compromise and agree?”

For example, if the issue is should we extend child support beyond the age of 21 if the child’s going to college? Sometimes you get push back from the non-custodial parent because they see such a statement as the custodial parent’s lucky break. In effect they say “The child’s clearly an adult at that point. I have no problem paying for college, but I do have a problem continuing to pay basic child support for a child that’s 22 years old.”

There’s a way to compromise. The court cannot mandate (unless the child is disabled) any child support including payment for college beyond age 21. However, one way to resolve that issue is to discuss whether child support gets cut-off when the child finishes spring semester after the child turns 21. This would prevent child support from stopping the month of February, making it difficult to finish college.

But the other way that you can compromise is on the amount of basic child support. So again, using the example of a child’s turning 21, still in college but the non-custodial parent says, “I want to continue paying basic support beyond age 21. I have no problem paying for college.” You could also have the agreement saying that basic support will terminate at age 21. But both parents’ contributions in college will continue beyond age 21, until the child either finishes their 4-year college education or at some point fixed earlier. You could even put in a particular date. You could say, “Well, I’ll continue paying until May of 2034.” These are ways to resolve the issue of what happens to support when the child turns 21.

For more information on Contested Child Support Cases In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 797-1188 | (914) 362-3080 today.