Legal Question in Family Law in New Jersey
change in custody arrangement
my son is going to college in the fall of 2008. My ex-spouse has primary residential custody of him. He is requesting to change his legal residence to mine; however, not change the current parenting time. He will be 18 years old in April 2008. He is asking me to fill out the FAFSA application and stop child support so that the money could go directly to him for his college expenses. Although my parenting time is substantial she would still have more overnights. Does it prohibit me from becoming the primary residential custodial parent? He has written a letter to the judge with this request. What are my chances in Ocean County?
2 Answers from Attorneys
Re: change in custody arrangement
You seem to be mixing concepts. As I said in response to your other question, if he does not live with you or your ex, neither of you should have child support. However, if he will move back with you when he is not with school, you should get CS for the time he is with you and possibly nominal support to maintain the household while he is in college.
CS and college expenses are totally seperate. If your ex is not paying for college, then you should file a motion with the court.
Re: change in custody arrangement
By the way, I have an office in Toms River so feel free to call if you have any other questions.
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