When two parents get divorced, it can make financial planning for a child’s future extremely complicated, especially when it comes to paying for higher education. In New Jersey, parents may wonder if they can be legally required to pay for or contribute to their child’s college tuition and other educational costs after a divorce. The answer may vary from case to case and depends on several important factors. For more information and to secure skilled legal representation, read on and speak with an experienced Sparta, NJ children & parenting issues attorney today.
Can I Be Forced to Pay for My Child’s College After a Divorce in NJ?
Yes, under N.J.S.A. 2A:34-23(a), courts can order divorced or unmarried parents to contribute to their child’s college costs. This rule was born from the case of Newburgh v. Arrigo (1982), which established that parents have a duty to provide financial support for higher education if they are financially able and the child shows aptitude for their studies.
Unlike many other states, NJ law allows courts to require divorced parents to pay for college, but not necessarily married parents. While a court can require you to contribute to your child’s tuition and other education costs, it does not mean that it will.
What Factors Determine the Amount I Will Have to Pay?
Through Newburgh v. Arrigo (1982), the New Jersey Supreme Court established 12 factors for evaluating claims for contribution towards the cost of higher education. This case set forth the following.
- Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education
- The effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for 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 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, including assets owned individually or held in custodianship or trust
- 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, including mutual affection and shared goals as well as responsiveness to parental advice and guidance
- The relationship of the education requested to any prior training and to the overall long-range goals of the child
When a court is deciding whether a parent should be required to contribute to their child’s college tuition and the amount, they will evaluate the above factors to determine a fair arrangement for all parties involved.
For more information, consult with a skilled family law attorney to learn more about your rights and responsibilities as a parent.