- posted: Aug. 12, 2024
- Family Law
Divorced parents in New Jersey have specific obligations when it comes to contributing to their children's college tuition and expenses. Under New Jersey law, child support does not automatically terminate when a child turns 18 if the child is enrolled in college full-time. Instead, parents must continue their support until the child graduates from college or reaches the age of 23, whichever comes first.
If the parents cannot agree on how to split the costs of college, a court will make the decision. However, the New Jersey Child Support Guidelines do not provide specific instructions on how college expenses should be shared between divorced parents. Instead, the court’s determination is guided by the 12 factors established by the Supreme Court of New Jersey in the landmark case of Newburgh v. Arrigo, 88 N.J. 529 (1982).
The Newburgh factors are comprehensive and designed to ensure a fair and equitable distribution of college costs. These factors are:
Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education.
The effect of the background, values, and goals of the parent on the reasonableness of the expectation of the child for higher education.
The amount of the contribution sought by the child for the cost of higher education.
The ability of the parent to pay that cost.
The relationship of the requested contribution to the kind of school or course of study sought by the child.
The financial resources of both parents.
The commitment to and aptitude of the child for the requested education.
The financial resources of the child, including assets held individually or in custodianship or trust.
The ability of the child to earn income during the school year or on vacation.
The availability of financial aid in the form of college grants and loans.
The child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance.
The relationship of the education requested to any prior training and to the overall long-range goals of the child.
When a court in New Jersey evaluates a request for college expense contributions, it recognizes that each case is unique, and the weight given to each factor can vary. For example, if one parent has significantly higher income or more substantial assets than the other, the court may require that parent to bear a larger share of the expenses. The court will also take into account whether the child has qualified for financial aid or is earning money to help offset costs.
In these cases, parents need to present a comprehensive picture of their financial situation and their child's educational needs and goals. An experienced New Jersey child support attorney can provide invaluable assistance in this process. The attorney can help gather and present the necessary financial documents, negotiate with the other parent, and, if needed, represent the parent in court.
The Law Offices of Kelli M. Martone in Haddon Heights assists South Jersey parents on all types of child support proceedings. To set up a consultation with a qualified family lawyer, please call 856-432-4587 or contact me online.
