Legal Question in Family Law in New Jersey

Re: child support and college

You really need an experienced divorce attorney, someone who spends a lot of their time doing divorce work. Nothing I can tell you over this computer bulletin board will help you. Your husband has a LOT of money involved in this, and it needs to be dealt with.

Your zip code shows you are in southern NJ. I am near NYC. I can not assist. I think you should find someone reasonably near you (and this would be for your husband to do, it is HIS problem), pay the attorney and get some detailed advice.

Good luck.

Re: child support and college

Yeah, you can make that argument, but it will take some good legal arguments to carry the day. I have made this same argument in the past with good results, but every case is different. The essential argument is that no child support is necessary with the child at college and then spending time with the father on the off time. When to file is really up to you and that is something we can discuss. You should at least talk to an attorney now and get the case started. You are only minutes from my office so I suggest you give me a call at 732/247/3340 to discuss your case. My initial consultations are always free.

Good luck!

Re: child support and college

Both parents have an oligation to assist their child with the expenses of college, to the extent that each is able. It might be a good idea to couple a motion to terminate child support with a motion for contribution by the mother to the expenses of college.

Generally, child support is minimal where a child is enrolled in college and living on campus full time. If you pay for the college expenses it should offset and obligation to pay child support.

Post judgment motions must be filed with 28 days notice of the motion

and it takes two weeks to prepare the motion. You should engage an attorney at least three months before the beginning of the college school year so that everything will be in place a month before the school year begins.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: child support and college

There are factors a court will look at to decide whether a party has to contribute to college. A summary is as follows:

- Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;

- The effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education;

- The amount of the contribution sought by the child for higher education;

- The ability of the parent to pay that cost;

- The relationship of the requested contribution to the kind of school or course of study sought by the child;

- The financial resources of both parents;

- The commitment to and aptitude of the child for the requested education;

- The financial resources of the child, including assets owned individually or held in custodianship or trust;

- The ability of the child to earn income during the school year or on vacation;

- The availability of financial aid in the form of college grants and loans;

- The child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance;

- The relationship of the education requested to any prior training and to the overall long-range goals of the child.

Please call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.