Divorce can be a costly process, both emotionally and financially. When parents decide to go their separate ways, they often face various financial issues, including concerns about their children’s future. One of the most common questions is whether parents are responsible for contributing to their child’s college education expenses. Attending college is an essential step in a young person’s life. However, pursuing a higher education is incredibly expensive. Please continue reading to learn what child support covers in New Jersey and why connecting with our knowledgeable Monmouth County Child Support Attorneys is in your best interest.
Can a New Jersey Judge Order College Payment?
A New Jersey court can order one or both parents to contribute to the child’s college expenses if the child is not legally emancipated. College costs are typically separate from basic child support and are determined on a case-by-case basis.
Following a divorce or separation, it’s crucial to understand each parent’s obligations to financially support their children. In New Jersey, parents are obligated to provide for their children until they reach the age of emancipation. As such, the court typically requires the non-custodial parent to pay child support to cover their child’s basic needs.
Many parents mistakenly assume their financial responsibility towards their children ends with a periodic payment to their ex-spouse. However, it’s important to understand that as long as a child wishes to enroll and is accepted into a college, the court has the discretion to order a parent to contribute to their child’s education as long as they can afford to do so. This is primarily because the courts recognize the importance of a college education and consider attending college to be in their best interests. Essentially, they believe that a divorce or separation should not deprive a child of pursuing a higher education.
When the Courts Can Order College Contribution
- The child is not legally emancipated
- The child is currently enrolled in or has been accepted into a full-time college program
- The parent has the financial capacity to contribute to the child’s education
- The request is reasonable based on the child’s academic abilities
- The costs are proportional to the family’s circumstances
What Does Emancipation Mean in Regards to New Jersey Child Support?
Essentially, emancipation is when a child becomes legally independent from their parents. In most instances, many states declare the legal age of emancipation to be 18, though a 2017 New Jersey statutory change updated this rule. As such, if a child is still financially dependent on their parents at 18, they are not considered legally emancipated.
When a Child Is Not Automatically Emancipated
- The child is under 19 years old
- The child is still in high school
- The child is enrolled in a full-time college program
- The child has a documented physical or mental disability that requires ongoing support
- The court order specifies a later termination date
Situations That May Lead to Emancipation
- Full-time employment and financial independence
- Marriage
- Enlistment in the United States Armed Forces
- Permanent withdrawal from education
- Obvious independence from parental support
What Factors Do New Jersey Courts Use to Decide College Contributions?
When college education expenses wind up in a New Jersey court, a judge will evaluate a parent’s contribution toward the cost of higher education by weighing a number of factors established in Newburgh v. Arrigo (1982).
This case created a structured test that the courts can use to determine fairness, financial ability, and the educational goal of the child. As such, there are 12 statutory factors that the courts must consider when determining whether or not a parent should be ordered to pay for their child’s college education. These factors are applied by the New Jersey Superior Court, Family Part, when determining whether or not contributions are necessary and appropriate.
- Whether the parent would have contributed toward the costs of the pursuit of higher education if the divorce or separation had not occurred
- The ability of the parent to pay the cost
- The financial resources of both parties
- The amount of financial contribution sought by the child for higher education
- The ability of the child to work while pursuing a higher education
- The reasonableness of the selected school
- The alignment of education with the child’s long-term goals
- The child’s financial resources
- Any scholarships or financial aid the child has received
- The child’s relationship with the paying parents
- When the request for a contribution is made
- The commitment of the child to succeed in their higher education
Are College Costs Separate From Child Support?
It’s important to understand that college expenses are not automatically included when determining child support in Monmouth County and across New Jersey. This is because not all children plan on attending college. Additionally, some families may include these matters as part of their divorce agreement, or the child plans on pursuing higher education without financial support from their parents. If a request is made, the court will evaluate whether or not college costs should be apportioned separately from standard child support payments.
What Expenses May be Included
- Tuition
- Room and board
- Fees imposed by the college
- Books and other required supplies
- Transportation costs
Contact an Experienced Monmouth County Child Support Attorney
If you’re facing an issue regarding child support in New Jersey, the team at Paone Zaleski & Murphy is ready to assist you. Our firm can help ensure that your divorce settlement agreement contains language that addresses college decisions and payments, or present your case before a judge if your child is getting ready to head to college. Contact us today to learn more about your legal options
