New Jersey courts have the authority to require divorced parents to pay for or contribute to their child’s college tuition and other expenses. For more information on your rights and responsibilities, work with a knowledgeable Morris County, NJ child support attorney.
When is a Child Considered Emancipated in NJ?
Emancipation is not as clearly defined in New Jersey as it is in other states. Instead, a combination of statutes and case law governs this rule. Child support can automatically be terminated when the child turns 19, as that is the age emancipation is presumed. However, if the child is still enrolled in full-time high school or post-secondary education, the child has a physical or mental disability that requires continued support, or any other reason deemed reasonable by the court, the parents may continue to be obligated to financially contribute to their child.
Even under extraordinary circumstances, child support will generally terminate once the child turns 23. However, it is important to note that the court can still order financial contributions for college expenses even after child support ends.
Do Divorced Parents Have to Pay for Their Child’s College in NJ?
It is possible that a court will order divorced parents to pay for their child’s college tuition or other expenses. New Jersey courts generally do not have the authority to force married parents to contribute to their child’s higher education, but NJ Supreme Court Case Newburgh v. Arrigo, 88 N.J. 529 (1982) established that unmarried or divorced parents may be required to contribute.
Contributions to college expenses are part of a parent’s continuing obligation to support their child and are viewed separately from child support in New Jersey. However, courts aim to create fair arrangements for both the parents and the child involved. A parent’s obligation to support a child through college is dependent on a variety of factors, namely the following.
- Whether the parent would have contributed toward the costs of the requested higher education if they still lived together/if they were still married to the other parent
- The effect the parent’s background, values, and goals have on the reasonableness of the expectation of the child for higher education
- The amount sought by the child for the cost of higher education
- The ability of the parent to pay
- The relationship of the requested contribution to the kind of school or course of study sought by the child
- The financial resources of both parents
- The commitment to and aptitude of the child for the requested education
- The financial resources of the child
- The ability of the child to earn income during the school year or on vacation
- The availability of financial aid in the form of college grants and loans
- The child’s relationship to the paying parent
- The relationship of the education requested to any prior training and to the overall long-range goals of the child
New Jersey courts will evaluate the above factors to determine a fair and reasonable arrangement for contributions to college expenses. For more information, reach out to a skilled family lawyer today.
