Divorce and the Costs of College: Applying a SUNY Cap

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The college application process can be an extremely stressful experience in a young person's life; adding to the child’s stress about deciding where to apply and which school to attend is the child's awareness that his or her choice of a college will provide yet another opportunity for parental conflict over who is going to pay for college.  In New York, divorced parents oft seek to apply the "SUNY cap."

The SUNY cap is one of the devises employed by New York divorce attorneys to address the issue how to pay for children’s college education.

It is common in New York for divorcing parents to agree in their settlement agreements how college expenses will be paid.  Sometimes the parties agree to split the actual costs of pursuing a higher education; other times one parent solely agrees to bear the burden.   More often, the parties agree to limit their obligation to pay for their children’s college education to a percentage of the cost of a State University of New York (SUNY) school.   This limitation is referred to as a “SUNY Cap.”

An agreement to apply the SUNY cap and to limit a parent’s contribution to a child’s college education will be enforced regardless of whether the child attends a public or private educational institution.

In the absence of an agreement, the Domestic Relations Law empowers a court to order a parent to pay for college.  Among the factors that Courts  consider in determining whether to award college expenses are the educational background of the parents, their financial ability to provide the necessary funds, the child's academic ability and endeavors, and the type of college that would be most suitable for the child.

More problematic is when, in the absence of an agreement, college expenses will be paid.   In the recent case, Pamela T. v Marc B., the parties did not have an agreement as to how they would pay for the children’s college education, the court refused to apply a SUNY cap.

In Pamela T.  v. Marc B., the Court announced that:

There is no basis to impose the SUNY cap, to the extent that it should be imposed at all, where the party seeking to invoke the cap has the financial ability to contribute towards the actual amount of his or her child's college expenses.

The Court noted that even if a SUNY were to be imposed, it would not be determinative as to what school the child would attend.    As the Court noted:

Contrary to what proponents of a wide and liberal application of the SUNY cap might urge, the SUNY system should not be the assumed destination of the children of divorce.

In selecting the college, a litany of factors should be considered, including the educational curriculum, the make-up of the student body, and active alumni networks. “Other considerations might include such things as the size of the school, the type of campus, the architectural distinction of the buildings, the nature of its athletic programs, the services provided to students with either physical or learning disabilities, and the type of city or town in which the school is located. “

In short, the failure to address the how the costs of college will be handled in a settlement agreement only leaves the door open to litigation when the children are college bound.

201 Responses

  1. Catherine Wilson
    I am actually the victim that the Appellate Court mentioned in this desicion - my ex husband, Ray Powers, is a Law Secretary in the NYS Courts system so he managed to manipulate favorable court orders in our divorce from his peers, including the "SUNY" cap restriction for our childrens' college. How the courts believe that they have the right to limit a child's future is beyond me but my objections and appeal fell on deaf ears. However, now that the courts have actually admitted they are utterly wrong on this issue, how can I get them to fix the problem they created for my children at this point? (many years later)
  2. Thanks for your comment. If your children are still in school, perhaps you can file a new application. On the other hand, if your children are not in college, you are probably out of luck-laws are not applied retroactively.
  3. Divorced Mom
    Thank you for your blog. I'm wondering whether you have any thoughts on my situation. Divorced per agreement in Supreme in 2004. Agreement provides for SUNY cap and that expenses up to cap will be paid pro rata. Last year, child number one began college. Ex told me that pro rata applies to my new husband's income and also that I am not making enough money -- therefore he "imputed" income to me (without bothering to go to court) and he only paid a relatively small amount. I went into Family Court with Petition to Enforce Agreement and also Petition for Upward Mod. Case is adjourned. Question: can I now argue to Magistrate that SUNY cap should not apply because he already breached agreement and because circumstances have changed?
  4. Thanks for the compliment. Your situation is very fact intense and I do not have all the facts. Moreover, this is probably not the best forum to provide specific legal advise. I would be happy to speak with you offline. Daniel Clement
  5. NYSsx
    My husband divorced from his ex in 2006. There was no stipulation about college expenses. He has one adopted son (her biological) with her and 2 young children with me. His child support payment was determined to be about $600 a month in 2006. His ex enrolled her son in an expensive private college without consulting us and our expenses toward his education are estimated to be $900. My question is since the son will not be living at home during college (it is in a different city) would it be reasonable to expect that the $600 child support payment will be applied toward the room and board expenses or do we have to pay $900 PLUS the $600 in child support. If this is the case then the ex wife will essentially be paying nothing towards her son's education as the $1500 expected of us will cover his entire tuition, room and board. PS: We offered to pay $1000 a month total which would leave her to cover approximately $400 each month for his expenses.
  6. The basic child support award may be reduced, but not eliminated when the child is attending college The reason is that some of the expenses- room and board- would be duplicative.
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  141. Awesome blog! Do you have any suggestions for aspiring writers? I'm hoping to start my own website soon but I'm a little lost on everything. Would you suggest starting with a free platform like Wordpress or go for a paid option? There are so many options out there that I'm totally confused .. Any ideas? Thanks a lot!
  142. I want to start a review blog. My friend and I would be reviewing books, games, toys etc..
  143. Have you ever considered publishing an e-book or guest authoring on other blogs? I have a blog based upon on the same information you discuss and would love to have you share some stories/information. I know my viewers would value your work. If you're even remotely interested, feel free to send me an e mail.
  144. Hello this is kinda of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I'm starting a blog soon but have no coding knowledge so I wanted to get advice from someone with experience. Any help would be greatly appreciated!
  145. This design is steller! You definitely know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost...HaHa!) Wonderful job. I really loved what you had to say, and more than that, how you presented it. Too cool!
  146. I’m not that much of a online reader to be honest but your blogs really nice, keep it up! I'll go ahead and bookmark your site to come back later on. Cheers
  147. Hi, i read your blog from time to time and i own a similar one and i was just wondering if you get a lot of spam feedback? If so how do you reduce it, any plugin or anything you can recommend? I get so much lately it's driving me mad so any assistance is very much appreciated.
  148. Here is the best weblog for whoever desires to learn about this topic. You understand a great deal its almost hard to dispute that I actually would want?HaHa) with you(not. You certainly set a spin that is new a topic thats started discussing for a long time. Great items, just big!
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  150. Epígrafe 642.4.- Comercio al por menor, en carnicerías, de carnes frescas y congelados, despojos y productos y derivados cárnicos elaborados; así como de huevos, aves, conejos de granja, caza y de productos derivados de los mismos. Epígrafe 642.5.- Comercio al por menor de huevos, aves, conejos de granja, caza; y de productos derivados de los mismos. Epígrafe 642.6.- Comercio al por menor, en casquerías, de vísceras y despojos procedentes de animales de abasto, frescos y congelados. Epígrafe 643.1.- Comercio al por menor de pescados y otros productos de la pesca y de la acuicultura y de caracoles.
  151. I've been surfing online more than three hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my view, if all site owners and bloggers made good content as you did, the net will be a lot more useful than ever before.
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  154. Can i protect my blog content copyright without registering it to copyright departmen? please help?
  155. En el caso de que la reparación se haya demorado de las 48 h y siempre que se cumplan una serie de condiciones, podrás solicitar el año de garantía adicional del electrodoméstico contactando con el Centro de Atención al Usuario: 902 118 821. Contacta con el servicio de asistencia técnica de Siemens a través de uno de los siguientes numeros de telefono: 902 118 821 / 976 305 714. Electrodomésticos: además tienes la posibilidad de ampliar la garantía de 2 años de tu electrodoméstico a 5 e incluso a 10 años.
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  159. Thanks - Enjoyed this article, can you make it so I receive an update sent in an email every time you make a new post?
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  161. Al final del libro vienen unos anexos con una serie de tablas y datos de gran interés para diseñar, instalar y mantener las instalaciones frigoríficas (tablas, diagramas, legislación, recuperación de gases refrigerantes, reducción de emisiones, símbolos, unidades, etc.). En definitiva es un libro fundamental para todo el sector del frío, la refrigeración, la climatización y en definitiva para todo el sector de las instalaciones relacionadas con el frío y calor.
  162. Si tiene una familia muy numerosa algún negocio y necesita su secadora día a día, nosotros somos profesionales en la reparación de estos electrodomésticos en caso de que tuviera algún problema. El paso de los años también afecta a los electrodomésticos que tiene en su hogar, como por ejemplo, a su horno Teka, unos aparatos cuyo mecanismo es algo delicado y debe ser revisado. Contamos con productos de limpieza para aparatos de de acero inoxidable, pulimentos y resaltadores de brillo, asi tambien como productos antical para lavadoras y abrillantadores para lavavajillas.
  163. I like the helpful info you provide in your articles. I will bookmark your weblog and check again here frequently. I am quite sure I’ll learn lots of new stuff right here! Good luck for the next!
  164. Today, I went to the beach with my children. I found a sea shell and gave it to my 4 year old daughter and said "You can hear the ocean if you put this to your ear." She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is totally off topic but I had to tell someone!
  165. Eso si, a cambio, le tengo que firmar un papel, que ella solo entra en reparaciones de la nevera, lavadora, horno y cocina (las de vital necesidad para vivir), que el resto, aire acond, lavavajillas, secadora, etc, son por cuenta mía. Tu solamente tendrías que pagar la reparación si fuese una pequeña avería que no subieses mucho el precio por una negligencia de tu parte. B) AE2 (moderado nivel de contaminación): aire de locales ocupado con más contaminantes que la categoría anterior, en los que, además, no está prohibido fumar.
  166. I absolutely love your blog and find almost all of your post's to be exactly what I'm looking for. Does one offer guest writers to write content available for you? I wouldn't mind creating a post or elaborating on a number of the subjects you write regarding here. Again, awesome weblog!
  167. The other day, while I was at work, my cousin stole my iphone and tested to see if it can survive a 30 foot drop, just so she can be a youtube sensation. My iPad is now destroyed and she has 83 views. I know this is entirely off topic but I had to share it with someone!
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  170. Howdy! This is kind of off topic but I need some guidance from an established blog. Is it very hard to set up your own blog? I'm not very techincal but I can figure things out pretty quick. I'm thinking about making my own but I'm not sure where to begin. Do you have any ideas or suggestions? Appreciate it
  171. I actually is looking both for sites that give fair, balanced commentary on all issues or sites which may have a liberal or left-wing slant. Thank you..
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  174. Hello, i read your blog from time to time and i own a similar one and i was just wondering if you get a lot of spam feedback? If so how do you protect against it, any plugin or anything you can suggest? I get so much lately it's driving me crazy so any help is very much appreciated.
  175. Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You clearly know what youre talking about, why throw away your intelligence on just posting videos to your weblog when you could be giving us something informative to read?
  176. Hi there, i read your blog from time to time and i own a similar one and i was just curious if you get a lot of spam comments? If so how do you reduce it, any plugin or anything you can suggest? I get so much lately it's driving me insane so any assistance is very much appreciated.
  177. For the "letter to the editor," can one send his/her blog post to the editor. The instructions say: "Letters to the editor should only be sent to The Times, and not to other publications. We do not publish open letters or third-party letters.". . Does that mean blog posts, too?. . Thanks a lot..
  178. I just could not go away your site before suggesting that I really loved the usual information a person provide for your guests? Is going to be back ceaselessly to inspect new posts.
  179. Hey I know this is off topic but I was wondering if you knew of any widgets I could add to my blog that automatically tweet my newest twitter updates. I've been looking for a plug-in like this for quite some time and was hoping maybe you would have some experience with something like this. Please let me know if you run into anything. I truly enjoy reading your blog and I look forward to your new updates.
  180. I am really loving the theme/design of your web site. Do you ever run into any browser compatibility issues? A couple of my blog readers have complained about my site not operating correctly in Explorer but looks great in Opera. Do you have any ideas to help fix this issue?
  181. Heya! I'm at work browsing your blog from my new iphone! Just wanted to say I love reading your blog and look forward to all your posts! Keep up the fantastic work!
  182. Hi are using Wordpress for your blog platform? I'm new to the blog world but I'm trying to get started and create my own. Do you need any html coding expertise to make your own blog? Any help would be really appreciated!
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  185. Hmm is anyone else experiencing problems with the images on this blog loading? I'm trying to determine if its a problem on my end or if it's the blog. Any responses would be greatly appreciated.
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  187. If I want to use a font that says it's for personal use only, would it be ok to use on blogger? Also, I don't know if getting Google Adsense would make a difference..
  188. No solo nos encargamos de la mantenimiento de electrodomesticos en Madrid ya que trabajamos con cualquier tipo de electrodomestico de gama blanca, Yo la verdad es que sí. Igual la tara puede ser un pequeño golpecito que sencillamente le ha dejado una pequeña señal, pero te garantizas que la vida del electrodoméstico sea la misma, siendo de sgunda mano igual se te rompe a las dos semanas.
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  191. How can I create a demo for a template in Joomla?
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