Abstract In an intact family, the parents can decide together how much they are willing to contribute to their child(ren)'s post‐secondary education, regardless of their financial ability. However, this right can be taken away from divorced/unmarried parents. In New York, the court has authority to order the non‐custodial parent to pay a percentage of their child(ren)'s college education. There is no limit on the amount the court can order nor a set percentage. These cases are being decided on a case‐by‐case basis through judicial discretion. The current approach is if the non‐custodial parent can “afford it,” the court may order it.
Jessica J. Laguerre (Mon,) studied this question.