A four-year college education, including room and board, at a private school currently costs an average of $42,419 per year. A public out-of-state colleg e currently costs an average of $32,762 per year, and a public in-state (SUNY) education currently costs an average of $18,943 per year. Given these extraordinary costs, attorneys have for decades followed the practice of urging clients to negotiate college clauses for high-school-aged children in the stipulations settling divorce actions.
While parents would generally agree to pay for their children’s college education, they would opt to cap their respective obligations at the cost of an in-state public college or university, commonly referred to as the “SUNY cap.” Absent a specific agreement by parents to cap their financial obligation, Domestic Relations Law § 240(1-b)(c) provides the courts the power to direct parents to contribute to a child’s college education based on the “circumstances of the case and the parties, the best interests of the child and the requirements of justice.” To read more about how the court can direct parents to contribute to a child's college education,click here for access to the full article (reprinted with permission from the Nassau Lawyer).