When you are a noncustodial parent, you know that you’ll have to pay child support until your child is legally considered an adult. What happens if they go to school for a bachelor’s degree, though? Do you have to pay for college costs as well? A court can order you to pay some of these expenses, but there are some limits. Our Morris County, NJ child support attorneys can tell you more.
Why College Expenses are Treated Differently Than Child Support in New Jersey
It’s important to understand that the cost of a college education is not included in child support, as it is instead viewed as part of the parents’ obligation to support their child under certain circumstances. As such, the key distinctions between child support payments and paying for higher education include:
- Child support is intended to cover the child’s basic living expenses
- College expenses are considered education support, not basic needs
- Child support generally ends at age 19 unless the custodial parent petitions to have it extended
- College contribution obligations may continue after child support ends or the child is emancipated
- The cost of college is examined separately from child support
Which College Costs Can a Parent Be Ordered to Pay?
In New Jersey, a court may order a parent to pay all or a portion of reasonable college-related expenses if their child is seeking a higher education.
Common Expenses Parents May Be Ordered to Pay
- Tuition and university fees
- Room and board (including both on and off-campus housing)
- Required textbooks, supplies, and technology
- Transportation costs for attending classes
- Health insurance, if required by the institution
- Reasonable living expenses while the student is actively enrolled
In general, the courts often divide these expenses based on percentages based on each parent’s ability to pay, rather than dividing expenses equally between the parents.
Legal Factors Courts Use to Decide College Contribution Obligations
In New Jersey, there is a considerable amount of case law that the courts will utilize when making decisions about how much a parent is required to contribute to the cost of their child’s college education. In addition, there are a number of important financial factors that can help provide important context around a parent’s ability to pay. This includes:
- Whether the parent, if still living with the child, would have contributed toward the cost of the requested 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 child’s current relationship with the parent being asked to pay
- How committed the child is to education and how their selected program synchronizes with their long-term goals
- The financial resources of the child
- The ability of the child to work and earn income during the school year or when on break
- The availability of financial aid
It’s important to understand that no single factor will determine whether or not a parent is legally obligated to pay for their child’s education expenses. All relevant factors must be considered and balanced.
When Is a Child Considered Emancipated in New Jersey?
It’s important to understand that emancipation is not an automatic process and will depend on the child’s circumstances. However, it is important to understand that college education support is a separate issue from emancipation. As such, if your child is emancipated, you may still be required to contribute to their higher education.
Important Considerations
- Child support is presumed to end at age 19
- Child support may continue if:
- The child is a full-time student at a college or university
- They have a physical or mental disability
- Financial responsibility for college may extend up to age 23
- Even if a child is emancipated, the court may order a parent to contribute to college expenses
Are There Limits on What a Judge Can Order a Parent to Pay?
College is a considerable expense regardless of which school your child chooses to attend. As such, the courts in Morris County and across New Jersey understand that this can be an overwhelming expense and will seek to avoid unfair financial burdens.
Common Limitations Imposed By New Jersey Courts
- Contributions may be based on in-state New Jersey public college tuition
- Students may be required to maintain full-time enrollment and hold a certain GPA
- Courts may require a student to apply for all possible student aid
- Courts may modify a parent’s obligations if the financial circumstances of one parent change
Can Parents Make Arrangements Concerning College Costs During a Divorce?
If you and your spouse are going through a divorce, it’s important to understand that you may establish terms and conditions regarding this matter on your own without court intervention. This can help reduce future disputes.
What to Consider When Discussing College Expenses
- You and your spouse may negotiate college contribution terms
- You can include provisions as part of your divorce agreement
- You should specify percentages, include expenses, and even academic performance requirements
- You must still submit the agreement to the court for approval
Contact Our Morris County Family Law Firm Today
If you have questions about college costs and who could be responsible for them, the team at Townsend, Tomaio, Newmark & Clancy is here to assist. Our firm will do everything possible to help you fight for the best outcome for you and your family. Contact us today to learn more about your legal options in this matter.
