Parent Not Required to Pay For Child's College

In Edwards v. Edwards, father was granted a reduction in child support over objection of the mother, who was parent of primary residence, who also cross-moved for reimbursement of the child’s college tuition. The parties’ Property Settlement Agreement, entered in 1991, required each parent to contribute to college expenses of the children based on the parent’s ability to pay. The maternal grandfather established a $46,000 college trust for the child which provided for 3 years of education before the funds were exhausted. The child was able to obtain a partial scholarship and some loans but the amount did not meet his needs for the fourth year of education, his first at New York University film academy. The maternal grandfather provided the balance under the condition of repayment by the mother and the father. However, the father was completely unaware of the payments by the maternal grandfather and never committed to repayment of said loans. The judge below considered the factors set forth in Newburgh v. Arrigo, 88 N.J. 529, 545 (1982) and found that the father did not have sufficient income to contribute to the child’s education and refused to compel the father to pay for college or repay the loan to the maternal grandfather. The New Jersey Appellate Court upheld the decision finding the economic situation of the father did not give rise to an ability to pay and the parties’ Property Settlement Agreement clearly set forth college contributions would be based on ability to pay. If you are seeking a modification of child support or alimony, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family or juvenile law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Non-Custodial Parent's Obligation for College Costs in NJ

In a recent Appellate case, Caruso v. Whitlock, in which the parties were the parents of a child to which the father had no relationship with and had no input into the college selection, the court again upheld the prior decision of Newburgh v. Arrigo. The Appellate Court found that the Court must consider “all relevant factors” including, but not limited to: (i) whether the parent, if still living with the child, would have contributed towards the costs of the requested higher education; (ii) the effect of the background, values and goals of the parents on the reasonableness of the expectation of the child for higher education; (iii) the amount of the contribution sought by the child for the cost of high education; (iv) the ability of the parent to pay that cost; (v) the relationship of the requested contribution to the kind of school or course of study sought by the child; (vi) the financial resources of both parties; (vii) the commitment to and aptitude of the child for the requested education; (viii) the financial resources of the child, including assets owned individually or held in custodianship or trust; (ix) the ability of the child to earn income during the school year or on vacation; (x) the availability of financial aid in the form of college grants and loans; (xi) the child’s relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and (xii) the relationship of the education requested to any prior training and to the overall long-range goals of the child. Although the Court in Caruso, did not specifically cite Newburgh, the Court did discuss with the parties during the hearing most of the Newburgh factors. Nonetheless, the Appellate Court felt that all the factors were not considered. This decision reminds the Court that the parent’s ability to pay, the parent/child relationship and the child’s ability to contribute with their own assets and obtaining a job must be included in the decision as to whether there should be a college contribution by the non-custodial parent and if so, the amount. If you are considering post judgment college contribution issues, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, parenting time/visitation, modifications or other family law matters in Bergen, Hudson, Union, Essex, Morris, Passaic, Sussex or Warren New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and is in no way intended to replace the advice of an attorney regarding your specific matter.

Child Can Seek Emancipation Over Objection of Parents

In the event a child is no longer within the "sphere of parental influence" they may be emancipated. In most cases, it is one or both parents seeking to terminate support or avoid the cost of the child's college tuition. The New Jersey Superior Court heard a case of first impression in the matter of Ort v. Ort when a child sought emancipation. Typically, under the laws of the State of New Jersey a child is not considered emancipated if the child is still enrolled in school, including post-secondary education, on a full-time basis. Parents of a very mature young lady had divorced years earlier but continued a lengthy post-judgment battle regarding child support and other issues. Rather than have her educational opportunities limited by her father's interest in keeping his responsibility for her college tuition to a minimum, the child arranged her own college funding through education grants and tuition assistance programs which she could obtain on her own. The judge hearing the matter found no evidence of immaturity, incompetence, disability, delinquency, truancy, disorder or other negative behaviors which would give reason for concern regarding her decision making ability. The judge also reasoned that, at 18, a child becomes an adult for the purposes of voting, marrying without parental consent, enlisting in the military, enrolling in the pension system and purchasing firearms. Typically, a parent retains control over a child seeking the continued support of a parent. However, if a child is self-supporting while still enrolled in school full-time, there is no reason for a parent to retain control over the child. If you are seeking or fighting the emancipation of a child, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family or juvenile law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.