Parents who wish to provide for their children’s college education are often confused by how the payment of child support affects their responsibility for their child’s future education costs. While each parent undoubtedly wants to provide for their child’s education, dividing the cost between two parents can be more complicated than just assigning a simple static monetary amount.

Standard child support in New York is calculated by the total combined income of the parents, minus deductions, to determine the pro-rata share of each parent based on the number of children needing support. In New York, the noncustodial parent is required to pay child support until the child reaches the age of 21. For those children who pursue a college education, this means that child support will still likely be paid for a portion of their collegiate years.

Estimating the future cost of college, however, can be difficult: projecting the future cost of tuition and the added expenses of room, board, books, and living costs can make an accurate estimate even more challenging. To address this issue, individuals and New York courts often apply a standard known as the “SUNY” cap.

New York’s “SUNY” cap explained

The “SUNY” (“State University of New York”) cap is a way to estimate and limit the future costs of a child’s college education based simply on what a state university in New York costs. By applying this standard, each parent can limit or “cap” their contribution at a maximum amount.

There are several special considerations when applying the SUNY cap. First, the amount of the cap can be based on any state university in New York; however, the difference in cost from one state university to the next can vary significantly. Second, because college expenses increase over time, it is important to project the future cost of college at the time your child will be attending, not at the current rate. Third, while the SUNY cap is a great way to settle the responsibility of tuition payment, other expenses such as room and board, meals, books, and supplies, also need to be considered.

While applying the SUNY cap isn’t perfect, it does serve as a useful tool for estimating each parent’s financial responsibility for their child’s college education.

With the help of an experienced New York family law attorney, both parents can come to an agreement at the time of the divorce as to how to provide for college expenses or an agreement can be reached later when the child is older. Regardless of when the agreement is reached, a New York family lawyer can help ensure that the child’s best interests are represented.

New York child support and family law

If you’re curious about how child support and the cost of college affect your New York divorce, we can help! The family law team at The Law Offices of Stacy Sabatini, Esq., located in New City, New York, help families located in Rockland, Orange, and Westchester counties with divorce, child support, child custody, mediation, and other legal services. For more information on how we can help your family and to schedule your initial consultation, visit us online or email us online.