If you and your spouse have been separated or divorced, you may wonder whether a court can force you to pay for your child’s college. A parent’s financial obligation to their child is complex, so understanding your legal rights and responsibilities is crucial. Work with a skilled Bergen County family lawyer for more information and legal advice today.

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Can a Court Force Me to Pay for My Child’s College After My NJ Divorce?

Yes, a New Jersey court could force you to pay for your child’s college after your divorce. This was established in the NJ Supreme Court Case of Newburgh v. Arrigo. This case set forth that parents have a duty to provide financial support for higher education if they are able and the child shows commitment and aptitude for the requested education.

Interestingly enough, NJ courts generally cannot order married parents to pay for their child’s college expenses, only divorced or separated parents who have a duty to support their child until emancipation.

How Do the Courts Decide How Much I Have to Pay?

While unmarried or divorced parents can be required to contribute to a child’s higher education, NJ courts strive to ensure that the arrangement is fair and equitable for all of the parties involved.

When settling Newburgh v. Arrigo, the NJ Supreme Court outlined twelve factors that must be used to determine whether a parent should be required to pay money toward their child’s college and the amount. The relevant factors are as follows.

  1. Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;
  2. The effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education;
  3. The amount of the contribution sought by the child for the cost of higher education;
  4. The ability of the parent to pay that cost;
  5. The relationship of the requested contribution to the kind of school or course of study sought by the child;
  6. The financial resources of both parents;
  7. The commitment to and aptitude of the child for the requested education;
  8. The financial resources of the child, including assets owned individually or held in custodianship or trust;
  9. The ability of the child to earn income during the school year or on vacation;
  10. The availability of financial aid in the form of college grants and loans;
  11. The child’s relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and
  12. The relationship of the education requested to any prior training and to the overall long-range goals of the child.

Some people may wonder why a parent can be required to contribute to a child’s college education since college-age kids are generally over the age of 18. In New Jersey, the law presumes that once a child turns 19, they are emancipated. In this case, the child support obligation would generally end. However, college contributions are viewed separately from child support, which is why a parent can be required to continue supporting the child’s education even if the support obligation has been terminated.

The law can be complex, so if you have questions about your rights or responsibilities as a parent, reach out to an experienced attorney at Feitlin, Youngman, Karas & Gerson, LLC today.