RE: Paying For college

My Child Support will be terminated as my last son will be 21. Never in our divorce agreement did my ex ever ask for me to pay for college not even now,
She thinks I have to pay until my son is out of college, does she have a leg to stand on.
Support Collection says that is will definitley terminate as of a certain date.
This is in NY... I am told by the scu that it is 21 and she can not get money for college now, is this true.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
HERE YOU GO:

IN NEW YORK: Family Court Chapter,Article 13 Section 240
(2) "Child support" shall mean a sum to be paid pursuant to court
order or decree by either or both parents or pursuant to a valid agree-
ment between the parties for care, maintenance and education of any
unemancipated child under the age of twenty-one years


FROM FREEADVICE.COM HOMEPAGE FAMILY LAW CHILD SUPPORT SECTION
WHEN CAN A CHILD SUPPORT ORDER BE CHANGED OR MODIFIED?
An order for child support can be changed or modified any time there is a "material change in circumstances" from the time that the existing child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent's financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.

WHAT ABOUT PAYING FOR COLLEGE OR PRIVATE SCHOOL EXPENSES?
Whether parties in a divorce must pay the expenses of their child(ren)’s college education depends on the law in the state where the parents live and any agreement between the couple. Parents are not required to pay for higher education in some states while in others they are. Whatever the law may be, though, the spouses can agree work out educational costs as part of their divorce settlement.

So, if my parents had gotten divorced, my college would have been court ordered for them to pay??? That is, if I lived in a state where it is stated in a law!! WOW, and I prayed for them to stay together forever and got nothing for college!! Funny how getting divorced changes everything!!! Where ever this law is effective, I think it's stupid. Children become adults after the age of 18 really. Parents should not be liable for college payments. Many parents can't afford the expense. BUT - go figure, that's why there are student loans and grants so people who can't afford college (which as a generalization are mainly children from divorced families) can go and get the same education as richer families. It sounds like a very unfair law for divorcees.

[LegalBeagle]

NY does recognise college support. You can petition the court to stop child support, but you may be liable to pay for the college. These are two seperate things.. ie, one goes to the CP, the other will go towards college costs. It also depends on if the child si living at home and going to college or living away at college.