New Jersey Divorce Attorney

About Children's College Expenses in Divorce Cases

The decisions of whether to contribute towards a child's college costs, and the financial plan the parents develop to address these costs and contributions, are issues that are usually resolved directly between the parents and their child, and do not involve the Court system. One issue that arises in a divorce case is whether one parent can compel the other to contribute to the cost of the higher education as part of a divorce agreement or judgment. In New Jersey, a parent can in fact compel such contribution, provided certain conditions are met.

In the landmark case Newburgh v. Arrigo, the Supreme Court of New Jersey outlined the factors that are to be considered in determining whether or not a parent should be required to contribute towards the college expenses. These factors include, but are not limited to, 1) whether the parent, if still living with the child, would have contributed to the costs of the requested higher education; 2) the amount of the contribution; 3) the ability of the parent to pay that cost,; 4) the financial resources of both parents; 5) the kind of school or course of study sought by the child; 6) the commitment to and aptitude of the child with a requested education; 7) the availability of financial aid in the form of college grants and loans; 8) the child's relationship with the paying parent, including the mutual affection and shared goals as well as responsiveness to parental advice; and 9) the relationship of the education requested to any prior training as to the overall by-range goals of the child.

The result of the Court's decision in Newburgh is that in most divorce settlement agreements, there is a provision requiring the parties to confer regarding the educational decision that is to be made for their child. If the educational decision is one that both parents think is appropriate, then the parties usually contribute proportionately, based upon the individual financial condition. The contribution would be calculated after the child has exhausted all of his or her own individual resources, as well as all scholarships, grants and student loans that are available. Usually, the Court does not require a parent to make any type of financial arrangements in advance to ensure the obligation to contribute to the expenses is going to be met. The financial planning for this obligation is left to each parent.

Importantly, both parents need to be given an opportunity to be involved with the child's life, and the decision for college. If the child rebuffs a parent's attempt to have a relationship, it may effect whether or not a Court would require that parent to contribute to the child's college expenses. Also, both parents need to be given an opportunity to be involved in the decisions regarding higher education. If one parent is excluded from investigating various schools, exploring financial aid options, or is otherwise excluded from the decisions that affect the cost of college, it may be a basis for that parent to be relieved of the requirement to contribute.

Finally, there is very often an overlap between the requirement to pay child support and the contribution to the educational expenses. In New Jersey, a child is not emancipated if he or she has graduated high school and is attending college on a full time basis. While commencing college may change the child support, there is still a requirement to contribute child support to some degree. The amount of the child support depends upon the circumstances, and whether the child is living at home and attending college, or perhaps living on campus. Also, where the child spends his or her breaks and summer vacations also has an impact on the determination on the amount of the support. When it comes to college expenses, there is often an overlap between the housing, meals, and luxury expenses, and the child support, so the issues need to be examined together.

If you have questions or concerns about providing for your children's college costs you should speak to a New Jersey divorce attorney at The Law Office of Steven P. Monaghan. We will be happy to discuss the issues you have and answer your questions.

Divorce Lawyer in New Jersey

Contact a New Jersey divorce attorney to get answers to your questions and help regarding paying for your child's college expenses after a divorce.