Legal Question in Family Law in New Jersey
child support for a child in college
I have two daughters for whom I pay child support of approximately $1,000 per month to my ex-wife. According to my divorce agreement I am required to pay child support until the children are emancipated - completed 4 years of college. My ex-wife contends the portion paid for the benefit of my older daughter is NOT to be used to her college expenses? My contention is that it should be used for room, board and tuition at the college of her choice. Is my ex-wife obligated, by law to use 1/2 of the support for my daughter's college needs, or can she continue to use this money for expenses she states are needed in the maintenance of her home on behalf of the children? Her contention is that child support and college expenses are two different things. Please help.
2 Answers from Attorneys
Re: child support for a child in college
Your ex is right; however she may not benefit financially. Once the child goes to college, this is considered to be a substantial change of circumstance. Thus, there needs to be a recalculation of your child support based on the amount of money each of you is paying for college (including room, board, books, etc.) Remember that both of you are obligated to contribute toward college based on your ability to pay. Once your respective contributions are made, a redetermination of child support needs to be made based on a number of things, including the amount of time that the child spends at each of your homes (as opposed to the time at a residential college) and many other factors. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner
Re: child support for a child in college
When a child goes away to college the child support is usually reduced accordingly. Additionally, both parents are obligated pay for their child's college to the degree that they are each able. You should call me at 800 273 7933 to discuss this matter. Typing is not my favorite actitity.