In New York, where child support obligations continue until a child reaches age 21, the financial responsibility of divorced parents for their children's college education can be a complex issue. The SUNY Cap often plays a significant role in determining the extent of this obligation.

The SUNY Cap is a calculation tool used to determine the maximum amount a parent may be required to contribute towards their child's college expenses. This cap is based on the annual cost of tuition, room, and board at a State University of New York (SUNY) school, which is generally less than that at private colleges. The idea is to ensure that the financial burden on divorced parents doesn't exceed what it would cost to attend a state university, even if the child chooses a more expensive private or out-of-state institution. 

The SUNY Cap typically includes tuition and fees, as well as room and board expenses for on-campus housing. It may also include an allowance for books and supplies. Additional expenses like transportation, personal expenses, or off-campus housing are usually not covered by the cap.

When applying the SUNY Cap, a judge will consider the financial circumstances of both parents, including their income, assets, and debts. The child's financial resources, such as scholarships or grants, may also be taken into account. The goal is to ensure a fair and equitable distribution of the financial burden based on each parent's ability to pay.

Divorcing parents can proactively include a SUNY Cap provision in their divorce settlement agreement. This can help avoid future disputes and provide clarity on each parent's financial responsibility. The agreement should specify such details as which expenses are covered, how the cap will be adjusted over time and what happens if the child attends a private or out-of-state college.

The complexities of child support and college expenses can be overwhelming for divorced parents. Seeking professional guidance from a qualified New York child support attorney is highly recommended. They can help you understand the implications of the SUNY Cap, create a comprehensive financial plan and negotiate a fair and equitable divorce settlement that protects your interests and the well-being of your child.

Bombardo Law Office, P.C. in Syracuse handles all types of child support concerns for Central New York parents, including modification and enforcement requests. To make an appointment to discuss your issue, please call 315-800-4002 or contact me online.