Legal Question in Family Law in New Jersey

College Education

Divorce agreement states parties will contribute for college costs based on levels of income. Problem, son along with Mothers help, has applied to private colleges rather than more affordable state colleges. Should father have to pay share of the higher cost of a private education?


Asked on 2/27/07, 11:14 pm

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: College Education

Once a child goes to college, this is a time of "substantial change of circumstance" requiring a fresh look at the child support obligation. You also have the absolute right to be in on all decisions concerning a choice of college.

Whether or not you are entitled to a reduction in child support, and also the amount of your contribution to any college costs, depends on many things, including your needs in connection with the continued support of your child, where the child lives while attending college, reasonable contributions by the child and the relative income of the parents. I cannot give you a good answer without more details as to your particular circumstances. Remember that in general, in NJ, divorced parents are required to pay college costs in accordance with their ability to pay. This balance is calculated after all applicable loans, grants, scholarships, etc. In order to calculate the ability to pay, a comparison of the assets and incomes of the parties (and the child) is necessary.

Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 2/28/07, 6:56 am
Robert Davies The Davies Law Firm, P.A.

Re: College Education

I have read what Rob Gleaner said, and as usual he is right on.

I will only add: you should have an experienced divorce attorney advising you as you negotiate this issue (and if needed go to Court). There is tens of thousands of dollars involved here.

Good luck to you.

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Answered on 2/28/07, 11:10 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: College Education

In my opinion, no. Whether or not the court will agree is another question. The argument in your favor is complex so I can't really summarize it here. We would have to go over your entire situation to determine all of your options.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 2/28/07, 11:27 am


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