"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.
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.
The leading New Jersey case addressing college contributions is Newburgh v. Arrigo.
The factors courts may consider include:
No single factor automatically decides the case. The court evaluates the relevant circumstances and determines what contribution, if any, is reasonable.
A college contribution can involve more than tuition. Depending on the circumstances, it may include:
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.
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.
A child may be expected to make a reasonable contribution toward college.
Before dividing the remaining expenses, the family should identify available:
Parents should look at the actual cost after financial assistance, not just the school’s advertised price.
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.
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.
College-payment disputes are easier to address before enrollment and tuition deadlines.
Parents and children should discuss:
Waiting until the tuition bill arrives can make the dispute more expensive and difficult to resolve.
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