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ABSENT PROOF OF 16-YEAR-OLD CHILD’S COLLEGE PLANS, ANY AWARD OF COLLEGE EXPENSES WOULD BE PREMATURE.

The Second Department, in a decision covering many equitable distribution issues not summarized here, determined any award of college expenses for a 16-year-old child was premature. No evidence was presented concerning the child’s academic wishes or plans:

… [T]he court did not err in declining to direct the defendant to contribute his pro rata share of the parties’ unemancipated child’s future college expenses. “The court may direct a parent to contribute to a child’s college education pursuant to Domestic Relations Law § 240(1-b)(c)(7)” … . “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” … . At the time of the trial, the parties’ unemancipated child was 16 years old and was entering his junior year of high school. There was no evidence presented as to his academic interests, his possible choice of college, or what the expenses of college might be. Accordingly, the plaintiff’s request that the court direct the defendant to contribute his pro rata share of the parties’ unemancipated child’s future college expenses was premature … . Repetti v Repetti, 2017 NY Slip Op 01396, 2nd Dept 2-22-17

FAMILY LAW (EQUITABLE DISTRIBUTION, ABSENT PROOF OF 16-YEAR-OLD CHILD’S COLLEGE PLANS, ANY AWARD OF COLLEGE EXPENSES WOULD BE PREMATURE)/EQUITABLE DISTRIBUTION (COLLEGE EXPENSES, (EQUITABLE DISTRIBUTION, ABSENT PROOF OF 16-YEAR-OLD CHILD’S COLLEGE PLANS, ANY AWARD OF COLLEGE EXPENSES WOULD BE PREMATURE)/COLLEGE EXPENSES (FAMILY LAW, EQUITABLE DISTRIBUTION, ABSENT PROOF OF 16-YEAR-OLD CHILD’S COLLEGE PLANS, ANY AWARD OF COLLEGE EXPENSES WOULD BE PREMATURE)

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