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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I have been reciving child support years and now my

Customer Question

I have been reciving child support for many years and now my last daughter will finally be emancipated turning 21 this September. My daughter is currently in nursing school full time going for her associates in nursing. Is there any way I could go to court
and ask the judge to extend it until the following June until she graduates? According todivorce agreement emancipation was age 21 and college was to be determined in the event they went but I never approached him about that. I cosigned all loans. I live in
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.The court may award educational expenses, such as for college or private school or for special enriched education. A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so.You can read the NY Law At this Linkunder 240 (1-b) (c) (7)Please note that I can only provide information for what you ask. If you have other questions or need clarification, please let me know here. Otherwise, please give a Positive Rating as that is the only way I get credit for my time and information.​Thank you
Customer: replied 2 years ago.
So there is NO chance the courts would award mean additional 9 months untils he graduates?
Customer: replied 2 years ago.
and also, is it too late to ask for college expenses being she started in september and child support ends this september?
Expert:  Samuel II replied 2 years ago.
HelloI suggest you can try. You can file a Motion to Extend the Child Support if she is in her last year and will graduate before she is 22, the court many agree. However, I cannot guarantee that would happen. The law does not provide for it. But you could argue she is still 21 until she is 22 and not able to work because she is in school.
Expert:  Samuel II replied 2 years ago.
It is too late to request the court order college expenses, unless you can show that she has some sort of mental or physical disability that precludes her from working to help herself. The court will allow it if it is agreed upon in the divorce. But there is no legal mandate to order it later.
Customer: replied 2 years ago.
would they go retro back to september to cover college or would it be just going forward since it was never agreed upon.
Expert:  Samuel II replied 2 years ago.
Hello You can request retro active. But my experience is they will not do it at all. So if you're going to make the request I would suggest you only seek forward.
Expert:  Samuel II replied 2 years ago.
I wish it was more promising information for you.