As a divorced or separated parent, you may be wondering what your financial responsibilities are toward your child as they approach college age. The cost of higher education has skyrocketed in recent years, and questions about who pays for what can cause tension between co-parents. While most states do not legally require parents to pay for a child’s college education, New Jersey courts can force divorced parents to contribute financially. If you have questions or concerns about your parental rights and responsibilities, read on and speak with a knowledgeable Union County child support attorney today.
Can Divorced Parents Be Forced to Pay for a Child’s College in NJ?
New Jersey case law has established that, yes, parents who are divorced or separated can be forced to pay for or contribute to their child’s college expenses by the court. This rule stems from the case of Newburgh v. Arrigo (1982), in which the NJ Supreme Court held that while generally parents do not have to support children once they reach the age of adulthood, “in appropriate circumstances, the privilege of parenthood carries with it the duty to assure a necessary education for children.”
In other words, if a child demonstrates the desire and aptitude to attend college or another form of post-secondary education, and if parents have the ability to do so, the court can order them to contribute toward the cost of that education.
How Do Courts Make This Decision?
When determining whether parents should be required to contribute toward a child’s college expenses and the amount that each party should pay, NJ courts will evaluate 12 factors established in the case referenced above. Relevant factors include 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; (8) 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; and
- The relationship of the education requested to any prior training and to the overall long-range goals of the child.
While divorced parents can be required to contribute to their child’s college education, the law aims to ensure that any arrangements are fair for both the parents and the child involved. Every case is unique, so consult with a skilled attorney for legal advice and representation today.
