CHILD SUPPORT - COLLEGE EXPENSES

Spinner v. Spinner, 2020 NY Slip Op 6307 - NY: Appellate Div., 2nd Dept. November 4, 2020:

"The Supreme Court also directed the plaintiff to contribute to the college expenses of the parties' children. "The court may direct a parent to contribute to a child's college education pursuant to Domestic Relations Law § 240(1-b)(c)(7)" (Bogannam v Bogannam, 60 AD3d 985, 986; see Repetti v Repetti, 147 AD3d 1094, 1097). "However, when college is several years away, and no evidence is presented as to the child's academic interests, ability, possible choice of college, or what his or her expenses might be, a directive compelling [a parent] to pay for those expenses is premature and not supported by the evidence" (Bogannam v Bogannam, 60 AD3d at 986; see Repetti v Repetti, 147 AD3d at 1097; Felix v Felix, 87 AD3d 1106, 1108). At the time of trial, the parties' younger child was 14 years old, and no evidence was presented concerning her academic ability, interest in attending college, choice of college, or the expenses attendant with college. Accordingly, it was premature for the court to direct the plaintiff to contribute to the college expenses of the parties' younger child (see Repetti v Repetti, 147 AD3d at 1097; Felix v Felix, 87 AD3d at 1108)."