The “SUNY Cap” and How it Affects Child Support Obligations for College Costs
A key concern in many child support matters is parental responsibility for higher education costs. Though New York law does not compel any parent to pay for their son or daughter to attend college, courts can include terms for how educational expenses will be covered as part of a child support order. Given that the annual total cost of attendance at some institutions is approaching $100,000, it is usually a good idea to address this issue during a divorce, even if a son or daughter is years away from graduating high school.
Given the vast disparity in tuition and other expenses among colleges and universities, where a child matriculates has a major effect on a parent’s overall financial obligation. Of course, students are often not sure where they’ll be attending school until a few months before classes start. One way that New York parents negotiating child support terms have established some clarity about future costs is through what is known as the “SUNY cap.”
The SUNY cap refers to the cost of tuition, room and board at a State University of New York school, and is often used as a ceiling for a parent’s financial responsibility. While not mandated by statute, the SUNY cap has become a commonly accepted benchmark, particularly when parents have not clearly agreed to fund private or out-of-state education. Courts may deviate from the SUNY cap based on factors such as the parents’ financial circumstances, the child’s academic abilities and the family’s educational expectations during the marriage.
Still, general terms in a child support agreement limiting shared higher education expenses to the SUNY cap does not necessarily create an enforceable obligation. In Borrelli v. Borrelli, two New York parents anticipated in their separation agreement that their children would attend college and invoked the SUNY cap to serve as a cost ceiling. The document also said that each parent would contribute as they were able and consult with each other regarding potential schools. Each would be encouraged to participate in the college decision.
Though the Supreme Court of Monroe County accepted the SUNY cap limit, it could not be applied in years in which the parents’ income was unavailable. The ruling also noted that different SUNY schools had different costs, and a vague statement regarding consultation and participation in their children’s college choice did not establish a contractual obligation.
While the SUNY cap can be a very useful guideline when parents contemplate allocating responsibility for higher education expenses, clarity on specific terms is essential. If higher education costs are intended to be part of child support, the agreement should address key details, including school choice, tuition limits, room and board, books, fees and how expenses will be divided. You might also include language regarding potential modifications if financial circumstances shift. Addressing these issues upfront can prevent costly litigation later.
At the Law Office of Maurice J. Verrillo, P.C. in Rochester, we have assisted Western New York parents with child support concerns for more than 35 years. For a free 30-minute consultation, please call our office at 585-563-1134 or contact us online.
March 5, 2026 Posted in Family Law Tagged child support, family law, suny cap Comments Off on The “SUNY Cap” and How it Affects Child Support Obligations for College Costs
