Legal Question in Family Law in New Jersey

College and child support

Once the court has established that the father (joint custody but no physical or residential custody) is paying for out-of-state college for son and no more child support, can the mother move out-of-state where son is attending then after a year try to take husband back to court to then try and re-establish child support for the remaining time child is in college? Thank you inadvance, my ex-wife has drained me dry over the years and i am worried she will try this. Thanks again


Asked on 11/16/06, 12:14 pm

3 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: College and child support

If I understand your question correctly, your son is living away from his mother's home and is a resident at his college. Therefore, there is no child support obligation. You are then making an assumption that your ex will move to a location near the college, have your son move back in with her and then ask for child support. If all of that happened, I can see an argument being made that she should receive child support because the child would then be living with her and commuting from her home. However, the cost of college would go down and I can see a pretty good argument being made that she should only get what was being paid to the school. In other words, it would be a wash. What would actually happen cannot be determined because your question is extremely fact sensitive.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. If you have not

already done so, you should immediately meet with an attorney for a full consultation before you

take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good

luck! Rob Gleaner

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Answered on 11/16/06, 1:00 pm
Frank LaRocca LaRocca & Associates, PC

Re: College and child support

Your place of residence will not change what state has jurisdiction to modify support (in this case).

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Answered on 11/16/06, 12:38 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: College and child support

I don't see what her location has to do with child support. Your question doesn't make any sense to me.

Here's the more important question. What type of relationship do you have with your son? Is it non-existant or close to it? If so, I suggest you file for emancipation but you will need a good attorney to pull it off as it is very difficult to do.

My initial consultations are always free, so feel free to call me at 732/247/3340.

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Answered on 11/16/06, 12:50 pm


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