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College and Child Support
Special Referee James A. Montagnino (Supreme Court, Westchester County) wrote an insightful Outside Counsel article for The New York Law Journal (a sister publication of this newsletter) in March 2002 concerning the crediting of college expenses against child support. (Montagnino, JA.: Crediting College Expenses Against Child Support. NYLJ, March 18, 2002.) As he explained in that article, under New York's Child Support Standards Act (CSSA), a noncustodial parent may be required to contribute to the costs of his or her child's college education, including room and board, above and beyond the basic child support obligation mandated by the CSSA. See Domestic Relations Law ' 240 [1-b] [b] [2]; Family Court Act ' 413 [1] [c] [7].
However, such contributions may lead to a double payment by the noncustodial parent for room and board, since the basic child support obligation as calculated under the CSSA guidelines includes the cost of food and shelter for a child. Recognizing this dilemma, the respective departments of the New York State Appellate Division have held that the noncustodial parent may be entitled, under certain circumstances, to a credit against his or her basic child support obligation for payments made for the cost of room and board at college. See eg, Kellog v. Kellog, 300 A.D.2d 996 (4th Dept. 2002); Paro v. Paro, 215 A.D.2d 965 (3rd Dept. 1995). (However, should the parties stipulate to the payment of college expenses without providing for such a credit, the courts will not award any credit against child support for the payment of such expenses. See, eg, Regan v. Regan, 254 A.D.2d 402 (2nd Dept. 1998); Guryn v. Guryn, 308 A.D.2d 564 (2nd Dept. 2003).)
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