Tuesday, October 9, 2012
College is a Reason For Child Support Modification in NJ
In Jacoby v. Jacoby, a case recently decided by the New Jersey Appellate Division, the Court held that “a child’s attendance at college is a change in circumstances. This deviation from the child support guidelines returns discretion to family part judges, to the point of being almost contrary to the imposition of Child Support Guidelines. Judges will now be required to take into account tuition, including housing, board, books and other fees. This may lead to an increase in support due to the child’s increased expenses. The court will also need to factor in the child’s ability to work, obtain scholarships or receive financial aid to offset the cost to parents. Many Property Settlement Agreements contemplate a continuation of child support throughout college, until the child is emancipated, and also include the manner in which the parents shall share in the children’s college tuition payments. Now, seeking a modification of child support can result in a deviation from the standards of the guidelines to combine these previously separated decided matters. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are seeking or attempting to avoid a modification of your child support payments, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, alimony, divorce, dissolution of a civil union or domestic partnership or other family law matters in New Jersey visit HeatherDarlingLawyer.com.