Do Child Support and Tuition Continue Through Grad School?

Child Support laws in New Jersey changed effective February 1, 2017. Included among the changes was the presumption of emancipation at the age of 23. In light of then upcoming changes in the child support laws, a New Jersey Superior Court judge struggled, in December, with whether a non-custodial father should be required to pay for his child’s graduate education. In J.C. v. A.C., Ocean County Superior Court Judge Lawrence Jones considered whether A.S., the father of A.A.C. and K.C. , should be required to pay for the graduate education of A.A.C. Although the N.J. Supreme Court, in Newburgh v. Arrigo, 88 N.J. 529 (1982), set forth the obligation for divorce parents to help pay for their child’s education, graduate school was not addressed in Newburgh. The parties’ settlement agreement, entered into at the time of their divorce, included that they would share equally the cost of their children’s college education but included no provision for graduate school. The Judge reasoned that, with her bachelor’s degree in accounting, A.C.C. could support herself while pursuing her master’s degree, as many others do. He determined that the intent of the legislature in revising the statute was to limit the obligations of noncustodial parents unless there was a showing of extraordinary circumstances. Although application could be made, the judge did not find that it must be granted. If you are seeking or disputing contributions toward your child’s education or other support, there are multiple factors which must be considered and it is within your best interests to consult with an experienced divorce attorney prior to taking action. For more information regarding child support, divorce, post-judgment modifications or other family law matters visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.