Child support and contribution cases can be extremely complicated and extremely expensive, particularly if one parent is required to contribute toward college expenses. While not all states will require parents to pay for college, some do. In most cases, children who attend college have a higher likelihood of being successful. Americans with 4-year college degrees earned 98% more per hour on average than people without degrees.
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In New Jersey, parents have an obligation to contribute toward college expenses. The case Newburgh v. Arrigo, found that financially capable parents should contribute to the higher education of their children if their children are qualified students. Since this ruling, it has regularly been ordered by the Court that parents must split, in some fashion, their children’s college education after divorcing.
The amount of contribution from both parents is determined by a number of factors, such as:
Both parents must contribute to their child’s higher education, but they are also required to talk about the educational decisions of their children and have the right be kept informed of those decisions. They must also be given the opportunity to be involved in all decisions regarding that education.
The court will determine the amount each parent must contribute after the child has exhausted all other possible financial resources such as loans and scholarships.
When it comes to college expenses for children of divorced parents in New Jersey, timing and communication are crucial. Courts typically expect children to provide reasonable notice to both parents regarding their college plans and related expenses. This timeline is important:
Failure to provide timely notification can be grounds for a court to reduce or deny a parent’s obligation to contribute. In cases where one parent has been estranged, courts may still require contribution but will consider the lack of relationship when determining the amount.
It’s important to document all communications regarding college plans. Courts look favorably on children who keep both parents informed and involved in the college decision-making process.
Life circumstances change, and New Jersey courts recognize that college expense agreements may need modification. Parents can seek to modify existing college expense orders based on “changed circumstances” such as:
To modify an existing agreement, the parent seeking modification must file a motion with the court demonstrating these changed circumstances. It’s advisable to attempt negotiation before filing court motions, as litigation can be expensive and time-consuming.
Courts will review modifications using the same Newburgh v. Arrigo factors used in the original determination, with particular focus on the current financial circumstances of both parents and the child.
Understanding the tax implications of college expense payments is essential for divorced parents in New Jersey:
It’s important to note that direct payments to educational institutions for tuition are not considered taxable gifts, even if they exceed the annual gift tax exclusion.
The parent paying college expenses should maintain detailed records of all payments for tax purposes. Consider consulting with a tax professional about optimizing tax benefits related to college expenses, especially in cases of joint contribution.
In New Jersey, emancipation significantly impacts college expense obligations. Unlike many states where support automatically terminates at age 18, New Jersey views emancipation as occurring when a child moves “beyond the sphere of influence and responsibility exercised by a parent.”
Factors that may lead to emancipation and termination of college support include:
It’s important to note that emancipation is not automatic at any specific age in New Jersey. A parent seeking to terminate college support based on emancipation must file a motion with the court.
Even when a child is technically emancipated in other contexts, courts may still require parents to contribute to college expenses under the Newburgh factors if the child maintains a relationship with the parents and is committed to their education.
New Jersey courts carefully weigh the choice between public and private institutions when determining parents’ obligations for college expenses:
While courts may require contribution to private college expenses, they typically will not force parents to pay beyond their reasonable financial means. In some cases, courts may limit contribution to what would be equivalent to a state university’s cost, with the child responsible for the difference if choosing a more expensive private institution.
Each case is evaluated individually, with courts balancing the child’s educational needs against the parents’ financial resources.
Proper documentation is essential for both determining and fulfilling college expense obligations in New Jersey. Parents and students should maintain:
These records should be maintained for the duration of the child’s education and for several years afterward, as they may be needed for tax purposes or in case of future disputes.
When a child is expected to contribute to their own education, they should provide regular financial accountings to both parents, showing how funds are being used and documenting their own contributions.
Mediation offers an effective alternative to costly litigation for resolving college expense disputes in New Jersey:
Even when parents have a contentious relationship, mediation can provide a structured environment to reach agreements about college expenses that serve the best interests of the child while respecting each parent’s financial situation.
If you need assistance navigating the complicated world of college expenses and contribution toward those expenses, contact our excellent New Jersey family law attorneys. We have dedicated our careers to the exclusive practice of family law, which means we are well-versed in this area. We have also been named a New Jersey Super Lawyers Rising Star for the past 2 years. If you’re in need of legal counsel, trust us with your case.
Contact (732) 377-3367 or fill out an online form to schedule a free consultation with college child support lawyers in NJ today.
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