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If New York State declares that college tuition includes room and board, how does that affect child support while the kid is not living at home while at college?

This is child-support from the students' parent for the benefit for the student.

If the child is no longer living with me and I still receive child support, would I have to go to family court or speak with a lawyer to disclose this information and/or find out if I can still receive benefits for the child (student) while in college?

  • I don't see a clear question here, much less a legal one. "how does that affect" is rather broad. What exactly do you want to know? – sleske Sep 21 '15 at 12:41
  • I'm sure it is a legal question. I dont think it is rather broad. @sleske – LOSTinNEWYORK Sep 21 '15 at 17:40
  • With the last sentence you added, the question is indeed not so broad anymore. Thanks. – sleske Sep 22 '15 at 7:02
  • @sleske: Your quite welcome. Guess the word "child support" didn't ring any bells with you, in order to obtain child support, one must go to court, where the lawyers are! :) Glad I was able to clarify that for you, for your future references. – LOSTinNEWYORK Sep 22 '15 at 11:04
  • Who is paying the tuition? – jqning Sep 23 '15 at 13:20
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It depends. Many child support orders include a stipulation that it ends at 18 or if the child goes to college, can extend until graduation or at a latest age 22. It really depends on what the order says. If you are still receiving support and your (the) child is in college, it is likely you are eligible to get that support, assuming it is going to the child for living expenses, or is going toward tuition that you are either paying or are liable for (the loans are in your name). You cannot keep it if the child is getting aid and loans that they are personally liable for after matriculation. If that is the case, you need to contact the court and they will forward the money directly to the child. If your question is, can you still use the money toward rent or bills so the child has a place to stay during breaks, then the answer is, it depends on how much you are supporting the child while away. What is clear, is that you cannot keep it to put toward rent and bills like you could when the child lived with you, unless you're paying the tuition/room/board (or some portion equaling it least 2x the amount of support).

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    I am assuming either you are getting the support and you are a guardian (not a parent), from you question. I'm also assuming by "how does it affect it" means you want to know if you are still entitled to receive it? – gracey209 Sep 21 '15 at 15:39
  • Absolutely correct! @gracey209 – LOSTinNEWYORK Sep 21 '15 at 17:30
  • Thank you for this information. I see I have to contact the court because his child support that I am still receiving still pays for other things that he cant afford. I would like to continue receiving it as well so his does have a place during breaks. @gracey209 – LOSTinNEWYORK Sep 21 '15 at 17:35
  • @LOSTinNEWYORK not only a place to stay during breaks but what about tomorrow? We don't know what is going to happen. God forbid there's an accident. Or perhaps the child drops out to perform volunteer work full time. – jqning Sep 23 '15 at 14:44
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    If you've been getting and keeping all the support for more than 90days, don't be surprised if the court orders that amount be refunded and applied to tuition or living expenses for child. I'm assuming he just went in August and this won't be at issue, but just a heads up in-case. You have 60-90 days to report a substantial change in circumstances, which this is, depending on your jurisdiction. I've not looked at the New York statue for this. Your best bet is to report it ASAP and ask for a modification or clarification hearing. This will ensure compliance. – gracey209 Sep 23 '15 at 15:44

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