Special Referee James A. Montagnino (Supreme Court, Westchester County) wrote an insightful Outside Counsel article for The New York Law Journal
College and Child Support
Special Referee James A. Montagnino (Supreme Court, Westchester County) wrote an insightful Outside Counsel article for <i>The New York Law Journal</i> (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. <i>NYLJ</i>, 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.
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