Your child has selected a school. Now it’s time for the money questions. Who pays for college after divorce? Is the bill shared between the two parents, or is it one parent’s responsibility?
There is no definite rule in New Jersey. There is no automatic 50/50 split. The facts in each case are different. All of this can be stressful if you have college expenses after the divorce in NJ, but a little planning now can save you a whole lot of headaches later on.
Can Divorced Parents Be Required to Pay for College?
Can divorced parents be required to pay for college? The answer is yes. Both parents can be compelled to help by a New Jersey court. However, the judge is required to consider the facts first.
The considerations in Newburgh v. Arrigo are factors used by courts. They include:
- The income and assets of each parent. The income and assets of each parent.
- The expense of the school
- The child’s objectives and marks
- The child’s ability to save and earn money themselves
- Funds available for grants, scholarships, and loans.
- A connection with each parent
There is no single determining factor. You don’t always get paid the full price by the parent who works more. The duty cannot be terminated by just an unbridgeable relationship. The judge takes the big picture into consideration.
So collect your records in advance. Pay stubs, tax returns, and school cost sheets are used to help illustrate your affordability.
Start With Your Divorce Agreement
It may already be covered in your agreement and could designate the amounts for each parent. It may also provide information on how you will select a school.
Look for details. Are books included? Regarding rent near campus, what are your thoughts? Are there any cost limits? Includes a savings account? Unspecific promises can create loopholes, and loopholes lead to conflict.
Never assume that if you don’t have a clause, you don’t have to pay anything. It’s a gamble. In case the terms are not understood, please consult with your lawyer before agreeing to anything.
If you are unsure about your obligations, consult a New Jersey divorce lawyer before agreeing to additional expenses.
Additionally, do not make a change to a court order without consulting the court. Ask the court for a change if you wish for one. Failure to pay may result in enforcement action.
Figure Out the True Cost
Many divorced parents paying for college begin with the sticker price. That is a mistake. Calculate the tuition and fees first. Then throw in the cost of homes, food, books, supplies, and trips. Do not make up school numbers, but use the school’s numbers.
Then subtract the help that doesn’t have to be returned. This includes grants, scholarships, and funds saved up for school. It is now possible to make fair comparisons of schools.
Beware of loans. A loan is NOT a gift! It has to be repaid. Check who is liable for the debt and over what period.
Also, please check last year’s awards. A low bill today might not be a low bill tomorrow. Discuss what to do in case there is a gap before it occurs.
How Child Support and College Costs Fit Together
Child support and college expenses in NJ are linked, though they’re two separate bills. Basic support guidelines do not include tuition. Tuition fee is an additional charge.
There are some fixed expenses that do not change. Housing and food are covered by the dorm fee and meal plan. Child support is also used to help pay for those needs. Courts do not want a parent to be responsible for paying twice for the same.
Review of support can be related to a move to campus. It does not mean, however, that support should cease. There are other expenses that remain similar, like insurance, bedrooms, or holiday visits at home.
So request a review. Please do not make payments on your own. Take the school bills and evidence of the costs that cannot be moved to school.
Know the Rules at Ages 19 and 23
Generally, child support payments stop when the child turns 19. But there are exceptions. It could be extended due to full-time college studies.
However, the process must be followed. Read every notice. Meet every deadline. Provide evidence of school attendance when requested. This is a serious problem if they miss a form.
Generally, support is limited to 23. However, under state law, there are some claims that can get through that age. A birthday is not a solution to all funding problems. Review your order, then consult with your lawyer about what to do.
Talk Early, Before the Bills Come
Timing is important. Provide information about school options, financial assistance, and cost information well in advance of the first term. Allow the other parent to reply.
In Gac v. Gac, the court emphasized the need to request a contribution toward college expenses beforehand, before they must be paid. Late claims will work against you. Don’t put off paying old bills until the last minute.
Make copies of your requests and responses. When negotiations break down, consider legal action before fees get out of hand, and consult with your attorney.
But it does not mean that one of the parents should make all decisions. It means that both parents have an opportunity to participate in the plan.
Put Your Plan in Writing
No arguments are created in a written plan. It doesn’t have to be elaborate. It should address a few basic questions:
- What expenses can be covered?
- How much money does each parent pay?
- At what time are bills sent and due?
- When would you enable the offers of help and enrollment documentation?
- What if your child loses his/her grant, moves to another school, or requires an additional term?
- What happens if one of the parents becomes unemployed?
- How do you plan to resolve conflicts?
Consider the plan annually. Earnings fluctuate, as do costs. Clarity of steps to manage new problems before the bill is due.
Frequently Asked Questions
- Can a parent be forced to pay for college?
Yes, a court can order it. But the judge must weigh means and need. No rule says parents must cover the full cost of any school a child picks.
- Does a poor relationship with my child end my duty to pay?
Not on its own. The relationship counts, but it is one factor among many. Shutting a parent out of school and cost talks can also hurt a later claim. Get advice before you assume payment is certain or ruled out.
Get Advice Before You Commit
Take divorce papers, school bills, estimates and offers, and payment receipts to a legal consultation. These papers expose the areas that are in need of improvement.
The Law Office of Jennifer J. McCaskill, LLC is a firm that provides divorce and child support services. Before making additional promises, discuss college expenses after divorce in NJ with the firm. You can check what you owe, what you can afford, and how to develop a plan that fits.
