Child Support Requirements for Children Attending College in New Jersey

NJ Laws on Child Support Contributions Toward College Education and Important Factors in these Determinations

One thing is for certain: in New Jersey, child support for college expenses exists and is something to be considered by parents who are not in a relationship but share a child. Anyone who is contemplating asking an ex-spouse for a contribution for college expenses or an ex-spouse who is being asked should seek the advice of an experienced New Jersey family law attorney. The skilled family lawyers at Montanari Law Group are here to help clients navigate the unique intricacies of child support and contributions toward a child’s college education in Essex County, Bergen County, Passaic County, Hudson County, and the greater Northern New Jersey region. Our dedicated child support attorneys have the knowledge, forethought, and experience to successfully manage the legal aspects of your unique case based on your and your family’s needs, priorities, and circumstances. We can offer sound legal advice and diligent representation whether you are seeking financial support for your child’s college or disputing a support modification based on your child’s university enrollment and attendance. Contact us at (973) 233-4396 today to discuss your child support obligations for university costs and related expenses.

Is a Parent Obligated to Pay a Child’s Way Through College in New Jersey?

As you probably know, child support orders are enforced in our state in order to provide a child of separated parents with financial security, much as if their parents were living together and collectively providing for the family. But whether it’s because of divorce or because they were never married, some parents separate, leaving one parent responsible for paying child support, oftentimes to the custodial parent.

Because most states consider 18 to be the age in which a child becomes an adult, a lot of people assume that this is also the age when a child support order is terminated. While this might be the case in some states, it’s not the case here in New Jersey. In our state, a child support obligation does technically end until the child reaches 19. However, the child’s enrollment and attendance in a college or university may extend parental support obligations until the child reaches the age of 23.

This is a reality some New Jersey parents might not be prepared for, especially if they are under the assumption that the support order would automatically terminate once the child reached adulthood. It is important to know that this is not always the case, particularly when the child goes to college. The Supreme Court has noted the well-established general principle that a child over the age of 18 enrolled in a full-time educational program is entitled to continued support. To provide further guidance in these cases, the N.J. Supreme Court has also laid down 12 factors for a court to consider in making that decision and directed that a reviewing court must consider all relevant factors. These factors include:

• The effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education.
• The amount of the contribution sought by the child for the cost of higher education.
• The ability of the parent to pay that cost.
• The availability of financial aid, including loans.
• The relationship between the child and the paying parent, including shared goals, mutual affection, and responsiveness to parental advice and guidance.

Notable Cases Where Courts Have Ordered Parents to Pay for College Tuition in New Jersey

Newburgh v. Arrigo: Established that children of divorced parents may have a right to financial support for college

There was a dispute regarding the distribution of the estate of Melvin Newburgh, whose widow and son requested funds for the son’s college expenses.  The New Jersey Supreme Court said that Melvin’s son had a right to financial support.  The estate was obligated to pay a portion of his university and graduate education.  The decision laid out a landmark list of 12 factors to be considered when determining whether or not divorced parents should pay for their child’s education past 18 years of age.  This series of factors has been applied in many other related decisions.  Some of the most important factors are the ability of the parent to pay, what the costs are, the commitment and abilities of the child in the requested field of study, the availability of grants, scholarships, and loans, the child’s ability to work and contribute to their learning expenses, and the relationship between the child and the parent.

GAC v. GAC: Even with limited custody, parents should be included in major decisions impacting their children, particularly those with financial consequences

Defendant Paul Gac and plaintiff Gaynell Gac were divorced in 1987 and, at that time, had two children, Justin and Alyssa, who were twelve and nine.  Based on the examination results of a psychiatrist, parenting time was not ordered.  Paul tried to maintain a relationship by sending the children gifts, cards, checks, and letters.  When Alyssa was 16, she returned everything he had ever sent them in a large envelope with a message that they never wanted anything from him and would prefer not to hear from him again.  After Alyssa graduated from a private university, she and her mother sought payment of $35,000 in support from her father.  The lower court decided in favor of Alyssa, but upon appeal, the court decided in favor of her father who had been excluded from any of the decisions made regarding her education, could not afford a private university, and was not contacted for this additional support until after Alyssa graduated.  Alyssa had not worked to help buffer the cost, did not apply for grants, loans, or scholarships, and did not allow him to participate in any of the decision-making.

Campbell v. Campbell: Instructive on a parent’s obligation to support a child entering college based on certain factors

In Campbell, the parents divorced in 2006 after having two daughters, who were nine and six at the time of the divorce. In an agreement executed as a part of the divorce, they agreed that both had an obligation to provide for the costs of a college education for their daughters. The costs were to be shared in accordance with their respective incomes and abilities to pay at the time the child reached college age. Although the father had no contact with his daughters for approximately 13 years, his ex-wife requested that he contribute to the cost of his daughter’s college expenses. This was her first request and was made after the daughter was enrolled in college. In response, the father moved to terminate his obligation to pay for his daughter’s college education.

The Campbell court did not actually decide the issues, but remanded the case for the lower court to consider all the relevant factors as previously established and explained above. But the court did note that the ex-wife’s first request for a contribution came after the daughter was enrolled and the expenses incurred. The court further noted that while a relationship between the father and daughter is not required in order for a contribution to be required, the absence of any relationship may render it inequitable that the father be required to contribute. In addition, a parent or child making a request for a contribution should make that request before the college expenses were incurred, and the failure to do that weighs heavily against a grant of any future application.

Ramussen v. Ramussen: Reinforces the idea that divorce agreements are legally binding and should be taken seriously

In this situation, the father appeals the lower court’s decision that he will pay a portion of his daughter’s university and medical costs.  He claims that he had no recent visitation with his daughter, and there was never an agreement stating precisely what his financial role would be in terms of paying for college.  The New Jersey Supreme Court said that because the divorce agreement mentioned the parents agreed to “contribute to the college/trade school/post-secondary education expenses of the children,” he was responsible for his part of education costs, and unlike Gac v. Gac, he had voluntarily given up his visitation time, did not seek out a relationship, and did not bring it up until it was time to pay.

Can My Ex Ask For More in Child Support to Cover College in NJ?

Going to college is important in today’s day and age because it typically opens doors to more advanced careers and higher paying jobs. But can an ex-partner ask for more in child support to cover college expenses? The answer could very well be yes, depending on how the courts rule on a petition to modify an existing support order. Any change in the amount of support paid must be approved through a modification order. This is a motion filed by the interested party requesting an increase or decrease in the support amount.

The interested party (Plaintiff) must file a motion with the court and request a hearing to modify support. The Plaintiff has the burden of proof that there have been major changes in the child’s finances, and those changes are not due to temporary circumstances. The circumstances regarding obligatory support for children going to college are fluid and nuanced.  A judge must look at the original custody agreement, the parent’s income, whether there are additional children receiving support, the actual college expenses, and whether or not they can be adjusted to create less of a financial burden on both parties.  For example, choosing to go to community college or a 4-year university close enough for a commute will save thousands on room and board.

How Divorced Parents can Plan for College Education Expenses when Assessing an NJ Child Support Agreement

Divorced parents in New Jersey should plan for the payment of their child’s college education when assessing a support plan.  This can be done in several ways.  The best way to tackle this difficult topic is when the initial divorce process is being discussed.  If the children are young, the parents can establish a college fund where monthly contributions are set aside for the child’s eventual acceptance into a college or university.  They can also create an agreement that would divide the percentage of the costs equitably based on the economic abilities of each parent.  This would resolve most arguments about child support and college costs in an ideal world.  Unfortunately, child support issues are one of the most contentious throughout the process, and planning with such forethought is uncommon. Having an experienced attorney who can walk you through this process based on your particular situation goes a long way toward planning and preparing for a secure financial future with your child’s best interests in mind.

Financial, Legal, and Personal Risks of Refusing to Continue to Pay Child Support while Your Child is in College

Refusing to pay child support will result in a finding of contempt of court.  The judge can impose a variety of penalties both civil and criminal in nature.  Interest can be set on the unpaid amount.  A parent owing support can have their wages garnished, lose their rights to collect unemployment and workers’ compensation, face fines, and if the amount owed is greater than $2,500, the government can revoke the delinquent parent’s.  Parents owing more than $5,000 can face federal criminal penalties.

At the state level, those who refuse to pay child support can have their license suspended or revoked.  This can include sports licenses such as hunting and fishing, and professional licenses.  State tax refunds can be garnished; some pensions can be attached, liens can be placed on property, and if the debt is reported to credit agencies, it could affect the ability to get a job, rent a house or apartment, buy a car, or get a personal loan. Jail time is possible but is usually reserved for the most egregious cases.  If the parent who owes child support cannot work, they cannot meet their obligations.  In some cases, judges require weekend stays in jail to allow the defendant to go to work.

Talk to a Child Support Attorney About Your Child’s College Education in New Jersey

No one wants to deprive their children of a great college education, but child support decisions require careful inspection and should be fair to all parties involved. Whether you are seeking modification of your child support order to include college expenses or are defending a motion to modify support, our knowledgeable legal team at the Montanari Law Group will work with you to construct a strategy that will support your case. We will help you gather the necessary financial evidence regarding income, assets, educational costs, and more. Our law firm passionately serves clients in West Orange, Clifton, Caldwell, Montvale, Totowa, and elsewhere in Passaic, Essex, Hudson, and Bergen County. Contact our Little Falls, NJ office for a free consultation by calling (973) 233-4396 or filling out the form on our website.