Determining Divorced Parents' Ability To Pay For College
Determining Divorced Parents' Ability To Pay For College
Let’s clear this up — once and for all.
"Jerry" (not his read name) stopped into my office not long ago.
Someone else had represented him in his divorce 10 years earlier.
As soon as he sat down, he said:
“Are you kidding me? I pay alimony, child support, other debts, and you’re telling me I also have to kick in for college costs?”
Yes, Jerry.
Unfortunately, that’s exactly right.
In New Jersey, divorced parents are often legally required to contribute to their child’s college education consistent with their "ability to pay."
It surprises a lot of people.
But the rule is clear — and it all traces back to a famous case called Newburgh v. Arrigo.
The New Jersey Supreme Court decided that:
Would you have contributed if the family stayed together?
The child’s academic ability and commitment
Each parent’s financial situation
The child’s relationship with each parent
Financial aid availability
Other family obligations (like siblings in college)
The court can even order parents to pay full tuition, fees, room, and board.
But — and this is important — it’s not automatic.
The court considers your unique circumstances:
Financial hardship
Significant changes since your divorce
Whether your child is contributing (through work or student loans)
Every case is different.
And understanding how the court applies the Newburgh v. Arrigo criteria to your situation is critical.
This is complicated stuff. But you don’t have to figure it out alone.
If you’re concerned about being ordered to pay more than your fair share — or about whether your ex is paying their part — let's talk.
📞 Call my office at (732) 845-9010 and speak with Valerie.
Valerie will help you schedule your personal college costs strategy session with me.
During this session, we will:
So don’t wait.
“I couldn’t believe I was expected to pay for college on top of everything else. Steve helped me understand my rights and negotiate fairly.”
— J.B., Livingston
“Steve explained the law in a way that made total sense. I finally feel like I know what I’m doing.”
— R.T., Westfield
“I was blindsided by college costs. Steve’s strategy session helped me protect my finances and ensure my ex paid their fair share.”
— M.S., Holmdel
I hear this all the time:
“I wish I understood this before my child started applying to colleges.”
Don’t let that be you.
It takes less than 5 minutes to call.
📞 Dial (732) 845-9010 and speak with Valerie today.
We’ll set up your personal strategy session so you can get the clarity you need — and fast.
I look forward to helping you.
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing in Divorce
Throughout New Jersey
(732) 845-9010
www.KaplanDivorce.com