In New Jersey, parental separation significantly impacts children, particularly regarding their educational pursuits. To mitigate the adverse effects of divorce on children, legal provisions may mandate divorced parents to provide financial contributions towards their children’s higher education. Please continue reading as we explore who foots the bill for a child’s education after a divorce in New Jersey and the importance of connecting with our experienced Edison Child Support Lawyers for guidance.
Can an NJ Court Order a Parent to Pay College Expenses?
First and foremost, it’s crucial to understand that emancipation for child support purposes in New Jersey is generally presumed to occur when a child reaches the age of 19. However, this presumption can be rebutted under certain circumstances, such as if the child is still in high school, attending college, has a disability, or lives at home and is financially dependent on their parents.
New Jersey law child support orders can extend beyond the age of 19 if the child is enrolled full-time in an accredited college or vocational school. The court will take into account the financial resources of both parents and the child, the cost of the education, the relationship between the child and parent, and the child’s academic performance when determining college contributions.
To request continued support for college expenses, you will need to submit a “Request for Continuation of Support” form, along with supporting documentation for your claim. This typically needs to be completed within 45 days of your child’s 19th birthday. Legal advice from a qualified attorney is strongly recommended.
Can I Enter a Voluntary Agreement?
Parents can negotiate college costs during divorce proceedings. They can choose to enter into a voluntary agreement regarding their child’s college education expenses. New Jersey parents are afforded more flexibility when deciding on the specifics of college contribution, such as the percentage each parent will pay, what expenses will be covered, the type of college, and any conditions for continued support. These agreements are incorporated into a Martial Settlement Agreement (MSA) during the divorce, or they can be separate, standalone agreements.
A parent’s college contribution is typically determined when the college is selected, based on both parents’ incomes at that juncture. It is generally inadvisable to stipulate an equal 50/50 division of college tuition at the time of divorce, particularly if the children are quite young, due to the inherent uncertainty of future financial circumstances.
Even if parents enter a voluntary agreement, the court retains the discretion to review and modify the terms if circumstances change significantly or if the agreement is deemed unconscionable. However, courts usually uphold agreements reached voluntarily by parties.
If you are paying child support and are now facing the possibility of contributing to college expenses, you might want to consider hiring an experienced attorney at Arndt & Sutak, LLC. Our legal team is prepared to protect your rights and interests.
