Do I Have to Pay for My Child’s College After Getting Divorced in New Jersey?

While the same rule does not generally apply to married couples, divorced parents can be required to pay for a child’s college education depending on the circumstances. To learn more about your parental rights and responsibilities, continue reading and work with a knowledgeable Morristown family law attorney today.

Do I Have to Pay for My Child’s College After Getting Divorced in NJ?

It is possible that you will be required to financially contribute to your child’s college education after getting divorced in New Jersey. This may be surprising to parents, as many people assume that once a child reaches adulthood, the parents’ financial duty ends. However, this is not always the case.

Child support is presumed to end when the child reaches age 19 or when they are financially independent, no longer under the care of their parents, married, or enlisted in the military. However, a child may not be automatically emancipated when they turn 19.

If the child is living at home, financially dependent, and pursuing full-time education, the court usually views them as dependent, meaning child support will continue. However, the obligation to contribute to college is generally a separate issue from child support. Courts can order divorced parents to contribute to tuition and mandatory fees, room and board, textbooks, transportation, supplies, living expenses, and more.

What Factors Determine Whether I Have to Pay?

In determining whether a parent will be required to contribute to their child’s college education and the amount, courts evaluate 12 factors to decide what a fair arrangement would be for all parties involved. These factors were created through the NJ Supreme Court Case Newburgh v. Arrigo, 88 N.J. 529 (1982) and include:

1. Whether the parent would have helped pay for college if the family were still together
2. Whether the parents’ background and values make college a reasonable expectation for the child
3. The amount of money the child is asking for
4. Whether the parent can afford to pay
5. Whether the type of school and program is reasonable for the family’s situation and the child’s goals
6. The financial resources of both parents
7. Whether the child is committed to their education and capable of succeeding in school
8. Whether the child has money or assets of their own
9. Whether the child can get a job during school or while on vacation to offset costs
10. Whether financial aid, scholarships, or loans are available
11. The relationship between the child and the parent being asked to pay
12. How the education fits into the child’s long-term plans and goals

It is important to be represented by a professional during any legal matters, especially when it comes to financial obligations. A family lawyer can help protect your rights and present accurate financial information to ensure that the court’s decision reflects your ability to pay.

Reach out to a skilled lawyer at Lazor Rantas, PC for more information today.