Under NY law what is required of a unwed non-custodial parent when it comes to college expense. Please site code.

New York Domestic Relations Law 240 1-b (c)(7) states:  "(7) 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." While college expenses are over and above basic child support, the courts have held that when a non custodial parent is paying for room and board when the child is away at school, they should receive a reduction from child support. Justino v. Justino, 238 A.D.2d 549 (2nd Dept. 1997), Reinisch v. Reinisch, 226 A.D.2d 615 (2nd Dept. 1996) Imhof v. Imhof, 259 A.D.2d 666 (2nd Dept. 1999), Vainchenker v. Vainchenker, 242 A.D. 2d 620 (2d Dept., 1997). This credit may also apply if the child is living away from home and attending college, and not just living on campus. College expenses will generally not be awarded before it is determined that the child is actually going to college.