Why does a divorced parent have to pay for a child's college? (and other related issues)

For some divorced or separated parents, it might come as a shock to them when the other parent demands that they pay for college. After all, a child cannot force parents that are still together to pay for college. However, if you get divorced or you are separated, you must contribute towards your child's college costs. This is true even if there is no real relationship between you and your child.

The reason you have to pay is 1982 New Jersey Supreme Court case called Newburgh v. Arrigo, 88 N.J. 529 (1982). Oddly enough, college expenses was not the main issue in the case as it dealt with several issues between the two parties. How much you have to pay, when, what is included, what other schools you have to pay for, etc. are not resolved in this case. Like just about every issue in New Jersey family court, many issues are fact specific. Thus, it is difficult for an attorney to give you concrete answers. If you have an issue in dispute, one judge can see it one way while another judge can call it another way. They key is to have a good New Jersey child support attorney that can fight for you and put your best case forward.

Because an entire book can be written on this topic, I will walk you through the top 5 most common issues as it relates to this issue of New Jersey family law.

1. All parents must pay for college.

At this point, our courts have pretty much held that all parents must pay for their children to go to college unless the parents are so poor that they have nothing to contribute. Thus, it doesn't matter if you were never married to the other parent. I also had a case where both parents did not want to pay for college. However, when the child sued the parents, the child won. A lack of relationship also doesn't matter much these days. In fact, a lack of relationship due to parental alienation is rather common.

2. Full-time is 12 credits, no summer classes

If a child goes to school full-time, i.e. 12 credits per semester, the child will be entitled to support/college expenses from both parents. If a child is actually going to do 12 credit semesters with no summer classes, it will be impossible to graduate in 4 years. Thus, graduating in 5 or 6 years is the new norm. However, if the child fails classes, drops classes or only goes to school part-time, a New Jersey child support lawyer should be consulted right away.

3. College can impact child support

If you have a child in college, you may want to see an attorney to see if your child support should be lowered. Keep in mind that a child in college does not mean that child support ends. Instead, you have to pay both child support and college expenses. However, if the child lives away at school, your child support may be lowered significantly.

4. You are entitled to all school records

Due to parental alienation, many parents know next to nothing about what is going with their child's schooling. The major, the amount of classes taken, expected graduation date, etc is not provided. Thus, many do not know when to file a motion to emancipate. If you find yourself in this situation, a New Jersey child support attorney can help by getting all of the records you need.

5. Act now or lose big

Too many people wait to do anything about their child support and college expenses issues. The longer you wait to see a New Jersey child support attorney and/or file a motion, the bigger you can lose. You may be paying thousands of dollars in unnecessary child support and college expenses. Even if the court orders that you are entitled to over-payments, trying to get this money back could be difficult to impossible. I see way too many motions to emancipate 25+ year olds when the motion should have been made years ago.

Since most New Jersey family law attorneys (such as myself) have free consultations, there is no reason not to call an attorney today to get your New Jersey child support questions answered.

Jef Henninger, Esq. is a New Jersey child support attorney with offices across New Jersey. Visit http://www.essexcountydivorceattorney.com for more information.