College Contribution for a Child of Divorced or Separated Parents in New Jersey

When parents’ divorce or separate, the issue of child support often extends beyond childhood, especially when it comes to higher education. In New Jersey, the question of whether divorced or separated parents are required to contribute to their child’s college expenses is a common and complex topic. Unlike child support, which is automatically subject to review (and potentially termination) when a child reaches the age of nineteen or graduates’ high school, the obligation for a parent to contribute to college costs is not automatic and requires specific legal consideration.

Is There an Obligation for Parents to Contribute to College Expenses?

New Jersey does not mandate that parents pay for their child’s college expenses following divorce or separation, but courts often find that parents have an obligation to contribute under certain circumstances. The New Jersey Supreme Court addressed this issue in the 1982 case Newburgh v. Arrigo, which set forth several factors that a court will consider when deciding whether and how much a parent should contribute to their child’s college education.

While no legal requirement exists for parents to pay college costs, the Newburgh decision created a legal framework that allows courts to order parents to contribute based on a variety of factors.

Factors Considered by the Court

In determining whether a parent should contribute to a child's college expenses, New Jersey courts typically assess several factors outlined in the Newburgh decision. These factors help the court decide the appropriate amount and whether it is fair for one or both parents to share the cost of college. The key factors include:

1. The Parents' Ability to Pay: The court will consider the financial situation of both parents. This includes their income, assets, and any financial responsibilities they may have to other children or dependents. If one parent has significantly more financial resources than the other, the court may order a higher contribution from that parent.

2. The Child’s Ability to Pay: Courts will also consider the child’s ability to contribute to their college expenses. If the child has savings, scholarships, or the ability to work part-time, this may reduce the amount that the parents need to contribute.

3. The Standard of Living During the Marriage: If the child was accustomed to a certain standard of living during the parents' marriage, the court may consider this when determining what the parents should contribute. The goal is to maintain a level of support that is consistent with the child’s pre-divorce lifestyle.

4. The Child’s Academic Performance: The court may assess the child’s academic performance and commitment to their education. If the child is a diligent student who has demonstrated a desire to attend college, the court may view this as a factor in favor of supporting the child’s education.

5. The Cost of the College: The court will also look at the cost of the college, including tuition, books, housing, and other related expenses. If the college is particularly expensive or the child is attending a private university, the court may take this into consideration when deciding the level of financial support from each parent.

6. Other Relevant Factors: Courts may also weigh any other factors that are specific to the family situation. For example, if a parent has remarried or has additional children, this may impact their ability to contribute. Conversely, if a parent has special financial circumstances, such as high medical expenses, this could be taken into account.

How Can Parents Address College Contribution in Their Divorce or Separation Agreement?

Parents can avoid confusion and conflict later by addressing college contributions during their divorce or separation proceedings. Many parents choose to include provisions in their divorce agreements or custody arrangements regarding college costs. This can be helpful because it sets clear expectations for both parties.

A typical college contribution agreement may include:

• A Shared Contribution: Both parents agree to contribute a certain percentage or specific amount toward the child's college education.

• Shared Decision-Making: Some parents agree to make decisions jointly about the child’s choice of school, the cost of attendance, and other related issues.

• Modification of Child Support: In some cases, the issue of college contribution can be linked to child support modifications, where payments may be adjusted or extended to include college expenses.

It is important to understand that even if parents make an agreement about college contributions, this is still subject to modification by the court. If circumstances change, such as a significant change in financial ability or the child’s academic performance, either parent may request a modification of the terms.

What Happens If Parents Disagree?

If parents disagree about whether they should contribute to their child’s college expenses or the amount they should contribute, the issue may need to be addressed in court. In these cases, the court will apply the Newburgh factors to determine what is reasonable and fair. A judge will have discretion in deciding the contribution required from each parent.

If the parents cannot reach an agreement about college contributions during the divorce process, they can seek mediation or, ultimately, a court order.

Conclusion

While New Jersey law does not automatically require divorced or separated parents to contribute to their child’s college education, it does allow courts to order contributions based on specific factors. Parents should be proactive in addressing college contributions during divorce proceedings to avoid confusion and conflict in the future. Whether through negotiation, mediation, or a court order, it’s essential to consider the child’s best interests and ensure that both parents share in the responsibility of supporting their child’s education. Consulting