Sending a child to college in today’s economy is a massive undertaking, and most New Jersey parents assume both will help shoulder the expense. However, your ex may suddenly refuse to pay, even though you thought you had a firm agreement or always expected you would both contribute to the cost. This abrupt change can throw your family’s financial future into chaos. Please continue reading as we delve into how New Jersey courts treat college expenses after divorce and how our determined Monmouth County Divorce & Separation Attorneys can assist you.
How Does New Jersey Treat College Expenses After Divorce?
New Jersey is unique compared to many other states: courts here have the authority to compel divorced parents to contribute to their child’s college education, depending on a specific set of circumstances. Your ability to enforce payment or seek contribution will hinge on several factors, including the specifics of your divorce agreement, the existence of any previous court orders, your child’s educational situation, and how a judge applies New Jersey law to your particular case.
In the Garden State, the obligation for child support typically terminates upon the child’s emancipation. Emancipation is defined not merely by reaching the age of 18, but by the determination of whether the child has moved beyond the “sphere of parental influence and responsibility.”
A student enrolled in full-time college studies is often deemed not emancipated, which may result in the continuation of parental support obligations, potentially including a contribution toward college expenses. Conversely, should a child discontinue their education, secure full-time employment, enter into marriage, or otherwise achieve financial self-sufficiency, a court may find them emancipated, thereby limiting or concluding parental responsibility for future educational costs.
How Do New Jersey Courts Decide Whether a Parent Must Pay for College?
New Jersey courts use the Newburgh multi-factor test to determine parental contribution to college costs. Key factors include: whether the parent would have contributed if the family were intact; the child’s aptitude and commitment; the school’s tuition costs and reasonableness; both parents’ finances; the availability of financial aid/scholarships; the child’s financial resources; and the parent-child relationship.
Courts weigh these factors for a fair result, rarely ordering a “blank check.” Judges often expect the student to maximize financial aid and contribute, compare costs to less expensive alternatives, and allocate costs proportionally to each parent’s ability to pay. Bad-faith behavior by either party is also considered. The final order will detail the division of costs for tuition, room/board fees, and sometimes books/transportation, with expectations for information-sharing and academic performance.
For more information, please don’t hesitate to contact an attorney at Paone Zaleski & Murphy.
