Legal Question in Family Law in New Jersey

Re: Children's assets and college

You can't get blood from a stone, so if you have no money, there really isn't any choice right? It is the parents duty to pay for college so I think that if you can pay only 5% towards college, then you'll have to pay that amount. However, I could also see a Judge saying that it would be pointless for you to have to pay a few pennies on the dollar when they have so much money.

Bottom line is, the Judge is not going to bankrupt you by paying for college that you cannot afford.

Re: Children's assets and college

The general rule is that divorced parents are required to pay for their child's college education, in accordance with their ability to pay, after application of loans, grants, child contribution (if applicable) and any other available sources. Trust funds held for them should be applied first.

I do have a question about the source of those funds. Did the two of you put that money aside while you were still married? If so, what does your Divorce Decree say about how that money should be spent? There are other issues that would need to be explored before an answer can be given to you. And, if the two of you cannot agree, a Court would decide upon proper application, on Motion.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Re: Children's assets and college

I have read what the other attorneys wrote. As usual, Rob and Jef are right on.

You should have dealt with this when you got a divorce. Did your lawyer talk to you about it, and was something put into the divorce?

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Re: Children's assets and college

If the children have money available to pay for college why wouldn't that be used first?

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com