Educational Support?

[ctyankee54]

I have 2 sons, one of which will be stating college next year. There's a stipulation in place (survives) that calls for, in addition to CS, payment for college.

College expenses are limited by a SUNY cap and are to paid by both parents on a pro-rata basis based on "ability to pay."

In your opinion will the court recognize that "ability to pay" is not the same as "based on income?" If so, how would ability to pay be defined, or maybe better phrased, what considerations might the court consider in it's determination?

Since my ex has the house and access to it's equity, my feeling is that it should increase her portion substanially as her "ability" to access financial resources eclipses mine.....

Thanks in advance for your thoughts!

 

[Michael Wechsler]

Originally posted by ctyankee54:
I have 2 sons, one of which will be stating college next year. There's a stipulation in place (survives) that calls for, in addition to CS, payment for college.

College expenses are limited by a SUNY cap and are to paid by both parents on a pro-rata basis based on "ability to pay."

In your opinion will the court recognize that "ability to pay" is not the same as "based on income?" If so, how would ability to pay be defined, or maybe better phrased, what considerations might the court consider in it's determination?

Since my ex has the house and access to it's equity, my feeling is that it should increase her portion substanially as her "ability" to access financial resources eclipses mine.....

As you've had a stipulation in place, have you spoken to your lawyer on this issue? Note, simply because there is equity in a home doesn't mean it translates into having more liquid resources.