Is my ex-husband still legally obligated to pay our son's college if he has turned 21 years old?
In New York, courts may order parents to pay a child's present or future educational expenses, including for post-secondary or education enrichment programs. The court is not required to award such support, but makes a determination on a case-by-case basis, considering the circumstances of each party and the child's best interests. Orders may specify that payment go directly to the school. N.Y. Dom. Rel. Law § 240(1-b)(c)(7).
The following is the relevant text of the statute:
"...Where the court determines, having regard for the circumstances of the case and of the respective parties and in the best interests of the child, and as justice requires, that the present or future provision of post-secondary, private, special, or enriched education for the child is appropriate, the court may award educational expenses. The non-custodial parent shall pay educational expenses, as awarded, in a manner determined by the court, including direct payment to the educational provider...."