Managing College Costs After Divorce: What Parents Need to Know

When couples with children go through a divorce, the legal process typically involves determining custody, child support, and the division of assets. However, an often overlooked but crucial aspect of post-divorce life is managing college expenses. College costs are one of the largest financial commitments a parent can face, and in New Jersey, parents may still be responsible for contributing to their children’s education even after divorce.

If you’re a divorced parent with college-aged children, understanding how the state addresses college expenses is essential to protect your financial well-being and ensure your child’s educational future.

What Does New Jersey Law Say About College Expenses After Divorce?

In New Jersey, parents are required to contribute to the costs of their children’s higher education, even after a divorce. The state’s courts view education as a shared responsibility between parents. Unlike other states, where support obligations might end when a child turns 18 or graduates high school, New Jersey often requires divorced parents to contribute to college tuition and related expenses. This principle stems from a well-established legal precedent: the 1982 Newburgh v. Arrigo case.

In Newburgh v. Arrigo, the New Jersey Supreme Court ruled that a child’s right to support includes financial assistance for higher education, provided it is reasonably necessary and the parents can afford to pay. Therefore, if your child is attending or planning to attend college, the court may require both parents to help with the costs, regardless of their marital status.

Factors the Court Considers When Determining College Expense Contributions

When determining how much each parent should contribute to college expenses, New Jersey courts consider a variety of factors, as outlined in Newburgh v. Arrigo. These factors include:

• The financial resources of both parents: The court examines each parent’s income, assets, and overall ability to contribute to college costs.
• The child’s ability and willingness to contribute: The court may take into account scholarships, financial aid, or part-time employment that the child can use to offset the costs of their education.
• The child’s academic performance: If the child is performing well and is serious about their education, courts are more likely to view college as a necessity.
• The cost of the college: The court will consider whether the child is attending an in-state public institution or a private, more expensive school, and whether the costs are reasonable.
• The relationship between the child and the parents: If a child is estranged from one or both parents, this could impact the court’s decision on contributions.
• The ability of the child to attend college without financial assistance: If the child can afford college without help from their parents, the court may reduce or eliminate the parents’ financial obligations.

These factors ensure that both the parents’ and child’s unique situations are taken into account when deciding on college contribution.

How College Expenses Affect Child Support

While child support is usually terminated when a child turns 18 or graduates from high school, the obligation to support higher education may continue. In some cases, parents will be required to pay child support while also contributing to college expenses. The court may adjust child support payments depending on factors like whether the child lives on campus or at home, or the specific needs of the child while in college.

It’s important to remember that child support and college contributions are not the same, and the court views them separately. Both obligations may be in place at the same time, depending on the circumstances.

Planning Ahead: Negotiating College Expenses in a Divorce Settlement

One of the best ways to avoid disputes over college expenses is to include provisions in your divorce agreement. Parents can negotiate specific terms for college contributions during the divorce process, ensuring clarity and reducing the risk of future litigation.

Some elements to consider when negotiating a college expense agreement include:

• Percentage of each parent’s contribution: Clearly outline what percentage of college costs each parent will be responsible for, based on current financial circumstances.
• Types of expenses covered: Specify which expenses will be included in the agreement (tuition, room and board, textbooks, transportation, etc.).
• Involvement in decision-making: Establish a process for how decisions about college (e.g., which schools to apply to, what courses to take) will be made, so that both parents have a say.
• Conditions for contributions: Parents can agree on certain conditions, such as maintaining a certain GPA, to ensure the child remains committed to their education.

How the Law Offices of Kelly Berton Rocco Can Help

At The Law Offices of Kelly Berton Rocco, we understand that navigating college expenses after divorce can be overwhelming. With over 40 years of combined experience in family law, our attorneys are here to guide you through the legal process and ensure that you are treated fairly. We work closely with our clients to develop strategies for handling college contributions, whether through settlement negotiations or court orders.

If you’re dealing with college expense issues or want to include specific provisions in your divorce agreement, contact us for a free initial consultation. We are here to help you protect your financial future while ensuring that your child has the opportunity to pursue their education.