using his child support payments

[newyorkparent]

My husband has joint custody of his son and his ex-wife is Gail is disbursing an UGMA account set up by her parents for their son's educational expenses. There is a lot of money in that account.

Now my husband has been getting calls from his ex-wife demanding money for a $4,500 'shortfall' on their son's just received tuition bill. We know there is no shortfall and that she is just doing this to pull her weight which she does often.

We have already committed $10,000 in tuition for this year, which is not part of their divorce agreement but which we feel a moral desire to contribute. My husband also pays $6,000 child support, plus various expenses he 'shares' with his ex-wife for things unplanned.

My husband would like the $6,000 yearly child support to be used for his son's expenses in college. His ex-wife considers the child support 'her' money to pay her home expenses while her son is away.

Does she have the right to use his child support this way? There is nothing in their divorce agreement which addresses this matter.

 

[Duranie]

She can use the child support in whatever way she wants. I would absolutely ignore her demands for more money. All he is required to pay is what is in his decree. If your husband is not required to pay for college, then he can pay at his leisure it sounds like, as long as he continues to make the minimum CS payments.

 

[Kusaywa]

From hearing from people I know that were in this situation (in NYS), the judge will probably rule the child support is to continue, this is even if the kid is away at school. The reasoning is the mother still has to maintain a house for the child when they come home. And yes, she can use it any way she wants! As far as the college contributions, I don't think the judge can force you to pay, but you would hope that the fact you are paying would be in your favor. Don't get your hopes up on getting the support reduced. Unfortunately, it's the kids who suffer. If the ex took less, you could give the kid more. And logic would dictate that when the kid is at school, she doesn' need (or need as much child support) but who says Family Court is logical?

 

[Duranie]

In NY CS goes until 21 anyways I believe.

 

[Mistake]

(NY) College Expenses

Hello all,

I am new to this site and have a similar concern. I am in the process of a divorce. My son (19) is in college he received about $10 000 in financial aid( grants, loans, scholarships) leaving a remaining balance of $6000.00.

The court has ordered that both spouses pay 50% of the college expenses, but the court did not address financial aid at all in the decision/order.

I paid $3000, my 50% of the balance net all financial aid. Here is the problem, my spouse has told our son not to take his student loans and is threateneing to take me into court on contempt charges for not paying 50% on the net after grants, the lawyer for our son is also threatening me to do the same.

Does anyone have any information regarding NY that could help me? I am living from paycheck to paycheck and I believe our son should share the responsibility in paying for his college expenses, furthermore his loans would not be repayable until after he leaves school.

Also I suspect that my spouse is hoping that I will be forced to pay and then have our son take the student loans and split the refund on the account.

Thanks,
Pat