Legal Question in Family Law in New Jersey

Child Support for Child Going To College in Pennsylvania

Parents divorced in Pennsylvania.

Child and mother a resident of Pennsylvania.

Child (19 years old) going to College in Pennsylvania.

PA doesn't require support of child after the age of 18.

Father a resident of NJ.

Father helped pay for 1st two years of college but now refuses to pay anything.

Father has a 4 year College Degree.

Mother has a Masters Degree.

Mother is being layed off.

Father is still working.

Can the father be forced to help assist child through College since he is a resident of New Jersey?? If so, at what percent?


Asked on 11/09/04, 7:38 am

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Child Support for Child Going To College in Pennsylvania

In order to successfully proceed against your ex, you need to identify what your legal cause of action is.

Did you have an agreement that each of you would share in all four years of the college payments? If so, that agreement would probably be enforceable against your ex in New Jersey, because such agreements made in one state are usually enforceable in other states, as with any other contract.

Since the divorce occurred in PA, the child lives in and attends college in PA, it is doubtful you would be able to get a NJ court to conclude that it had any jurisdiction to re-open or revise your prior PA divorce decree; or indeed, to open a "new" case concerning support of your child.

This was never a "New Jersey" case. It was always a Pennsylvania case. New Jersey only comes into it because your ex happens to live there now.

If I were your ex's lawyer and you sued in NJ, I would probably move for dismissal based on lack of jurisdiction over the child, and tell you to go to court in PA and plead your case there.

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Answered on 11/20/04, 5:05 pm


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