Legal Question in Family Law in New Jersey
Child support and tuition
I got divorced in NJ. I pay $75 per week for child support. Last year, I paid child support directly to my son's school for his tuition instead of to my ex. This year, she says that I am not allowed to put child support towards education and I have to pay and extra $25 - $50 per week for tuition. The question is whether child support money can go right to the child's school and/or be used for education or must that be separate?
3 Answers from Attorneys
Re: Child support and tuition
It is not clear whether your are talking about college tuition or private school tuition for a younger child. In either case, your ability to do this, or to even be required to pay these costs, depends on the terms of your Property Settlement Agreement or Final Judgment of Divorce. If those issues were not addressed, it may be the subject of Motion before a Judge.
Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Family Law attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner
Re: Child support and tuition
Like the other attorneys, I'm a little confused too. Child support and tuition are two different things. You can pay tuition directly to the school but you can't pay CS directly to the school as that's not what its for. Furthermore, she can't dictate who much you should pay, but the amount she wants is rather low, so you may not want to roll the dice and drag this in to court.
Re: Child support and tuition
Both parents are required to support children in college to the extent that they can. Child support usually continues at a reduced level to cover those periods when the child returns to the custodial parent when college is not in session.
On the other hand, if you are paying all the college expenses there may be no child support.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com