Kaplan Divorce Blog

Who Pays for College After Divorce in New Jersey?

Written by Steven J. Kaplan, Esq. | April 10, 2023

"Jerry" stopped by my office recently. Someone else had represented him in his divorce 10 years earlier.

Now his child was preparing for college, and Jerry had just learned that his financial obligations might not be over. “Are you kidding me?” he asked. “I pay alimony, child support, and other expenses. Now you’re telling me I may also have to help pay for college?”

Yes, Jerry. You may. But that does not mean you automatically have to pay whatever your former spouse or child demands. In New Jersey, college costs after divorce are determined by examining the family’s finances, the child’s plans, and several other factors.

Are Divorced Parents Required to Pay for College in New Jersey?

New Jersey courts can require divorced parents to contribute toward a child’s college education when the circumstances support it. However, neither parent is automatically responsible for the entire cost.

The amount each parent may be expected to pay depends on the facts of the case. The child may also be required to contribute through savings, employment, scholarships, grants, financial aid, or reasonable student loans.

How Are College Costs Divided?

The leading New Jersey case addressing college contributions is Newburgh v. Arrigo.

The factors courts may consider include:

  • Whether the parent would have contributed if the family had remained together
  • The amount requested and the parent’s ability to pay
  • The financial resources of both parents and the child
  • The child’s commitment and aptitude for college
  • The relationship between the cost, school, and proposed course of study
  • The availability of scholarships, grants, financial aid, and loans
  • The child’s ability to contribute through savings or employment
  • The child’s relationship with the parent, including whether they discussed the college plans

No single factor automatically decides the case. The court evaluates the relevant circumstances and determines what contribution, if any, is reasonable.

What Expenses May Be Included?

A college contribution can involve more than tuition. Depending on the circumstances, it may include:

  • Tuition and mandatory fees
  • Room and board
  • Books and required supplies
  • Transportation
  • Technology and other reasonable education-related costs

That does not mean a parent must pay the full cost of any school the child selects. The price of the school, less expensive alternatives, financial aid, and whether both parents were included in the selection process can all matter.

Does Your Divorce Agreement Address College?

Your marital settlement agreement or divorce judgment should be one of the first documents reviewed.

Some agreements clearly explain how college costs will be divided. Others require the parents and child to discuss school selection, financial aid, loans, and expenses before either parent becomes responsible for payment.

Older agreements sometimes contain vague language stating that the parents will contribute according to their respective abilities. That can lead to serious disagreements when the tuition bill arrives. The exact language of your agreement matters.

Must the Child Help Pay?

A child may be expected to make a reasonable contribution toward college.

Before dividing the remaining expenses, the family should identify available:

  • Scholarships and grants
  • Financial aid
  • Student savings or custodial accounts
  • Reasonable student loans
  • Income from part-time or summer employment

Parents should look at the actual cost after financial assistance, not just the school’s advertised price.

What if a Parent Cannot Afford It?

A parent’s ability to pay is a central consideration. Income, assets, debts, alimony, child support, other children’s needs, health issues, and significant changes in financial circumstances may all affect the result.

If you cannot afford the requested contribution, do not ignore the issue. Document your financial circumstances and address the request properly.

Does Child Support Continue During College?

College expenses and child support are related, but they are not necessarily the same obligation.

Questions may arise about whether child support should continue or change when a child attends college, particularly if the child lives away from home. The answer depends on the child’s age, educational status, living arrangements, needs, and the terms of the existing agreement or court order.

Do not assume that paying tuition automatically replaces child support or that child support automatically ends when college begins.

Start the Conversation Early

College-payment disputes are easier to address before enrollment and tuition deadlines.

Parents and children should discuss:

  • The schools being considered
  • The total cost of attendance
  • Financial aid and scholarships
  • What the child can contribute
  • What each parent can reasonably afford

Waiting until the tuition bill arrives can make the dispute more expensive and difficult to resolve.

Get a Clear College-Payment Strategy

Every New Jersey college-contribution case depends on its own facts. The goal is to protect your child’s opportunity to pursue an appropriate education while making sure the financial responsibility is handled fairly.

I’ve focused my practice on New Jersey divorce and family law for 38 years, and I understand how frustrating an unexpected request for college expenses can be. Your divorce agreement, your financial circumstances, your child’s educational plans, and the contributions expected from each parent can all affect what happens next.

If you need help reviewing your agreement or understanding what a fair contribution toward college expenses may look like, call Valerie at (732) 845-9010 to schedule a confidential consultation.

Until next time,

Steve