Paying the Costs of College after Divorce in New Jersey

Traditionally, divorce settlements in New Jersey did not mandate any type of payment by the non-custodial parent for the costs of a child’s college education. Parents could voluntarily contribute or even include some type of payment arrangements in a divorce settlement, but it was totally discretionary. To a significant degree, that has changed.

Under the current approach, courts will look at the financial resources of a non-custodial parent to determine whether contributions to a child’s college tuition and other costs should be mandatory. Though the courts tend to view college education now as a necessity, such a requirement will typically only be included in a divorce decree after an analysis of the following factors:

• Whether the family values and goals create a reasonable expectation by the non-custodial parent that the child will attend college
• The amount required by the child to pay for higher education, as compared to the non-custodial parent’s ability to pay
• The financial resources of the custodial parent
• The availability of financial aid
• Any financial resources the child may have
• The child’s ability to earn income during the academic year
• The level of commitment of the child to the course of study
• The intellectual capacity or aptitude of the child
• Any financial resources the child may have
• The child’s ability to earn income during the academic year
• The extent to which the curriculum sought relates to any prior training or long-range goals of the child

To protect yourself, either as a custodial or a non-custodial parent, you want to make certain that your property settlement agreement clearly states the obligations of each parent with respect to payment of the costs of a college education. In addition, you want to know whether your child support obligation terminates on the child’s 18th birthday…it does not do so automatically.

Contact Attorney David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.