Legal Question in Family Law in New York

RE college education

I have a college fund set up for my son. Already it has about $30,000 in it. In 2 years he will be ready to go to college, But I am 61 and my income is shaky. I do not want to commit to something I can not live up to. My ex wants me to agree to the SUNY formula for my sons education but does not want to count the college fund I set up as part of it. (my uncle contributed 7,000 so she says is marital property)

2 questions

Why should I be forced to pay for an education that someone who is not not divorced does not have to pay for?

Under the assumption that I have to pay half of the SUNY college rate, my ex also want me to increase my life insurance 200% which at my age and health will be very expensive if not impossible. Can she do that?


Asked on 9/05/09, 7:57 am

1 Answer from Attorneys

Rory Alarcon Rory Alarcon, Esq.

Your first question is a question of fairness in the law. I cannot answer whether laws are fair or unfair.

Your life insurance should reflect the amount of money that would be paid toward your son's support if you continued to live until his emancipation. In other words, your son is already in high school, meaning that you would only have to support him through the remainder of high school and through college (at most). Therefore, if you would be estimated to contribute $15,000 toward his support per year, then your life insurance should equal $15,000 x (Number of Years Left Before Anticipated Emancipation). (For example: If your son is 16, then 6 years = $90,000)

If your son were young, then the life insurance you should carry would be required to be higher (for example, if your son were 2, then 20 years * 15,000 = $300,000) (as if you died today, your ex- would have to support your son for 16-20 years)

In general, you would need a lesser amount of insurance as your son grows. I don't know what your numbers are, but assume that you should have life insurance with a death benefit of your half of a SUNY tuition for your son plus 2 years of what you now pay annually.

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Answered on 9/11/09, 5:04 pm


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