Legal Question in Family Law in New Jersey

Child turns 18 in two years do we have to pay for College?

My husband has been paying child support for all his life for his daughter and they don't even keep in touch with him. It comes out of his pay and now the daughter turns eighteen in two years and we just heard from them this year about if we are helping with college. We have a daughter of our own now. And want to go on with our life. They were never married nor do they ever write or keep in touch. Is he obligated to pay for college also? I thought he only had to pay until she is 18 years. Then she is on her own. She could get Grants and get help on her own can't she? I need to save up for my own child who is 9 years old today. Thank you for you help. Eileen


Asked on 11/07/06, 5:40 am

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Child turns 18 in two years do we have to pay for College?

This is really starting to become a very popular issue. The answer to your question is, without any facts, each parent is responsible for the child's college expenses. However, there is law that provides that when there is a lack of relationship, that parent is not responsible. However, Judge can be very, very resistant to this and it will likely require a big fight. I have about 5 different motions with this issue right now.

You are a little early though to do anything about it yet. I would probably meet with an attorney to see what else you have to do to get ready for this motion. My initial consultations are always free, so feel free to call me at 732/247/3340 if you have any questions.

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Answered on 11/07/06, 10:21 am
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Child turns 18 in two years do we have to pay for College?

Eileen,

This is a hot topic lately in New Jersey. New Jersey is one of the states that can require support and college contribution for a child over 18 years old. There are many factors that go into this equation, including the father's involment. Also, you are correct, the Court will require contribution after grants, loans etc.

I would sugguest if they pursue your husband for college contribution that he hire an attorney to assist him. You also might want to think about filing a motion to emancipate which then could resolve the college contribution issue.

I would be happy to follow up with you. Please email me directly or 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.

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.

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Answered on 11/07/06, 10:34 am


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