Legal Question in Family Law in New Jersey
College
The Court ordered me to pay 46%of College for my 2 datughters, 22 and 19. Daughter#2 was going to county college. I paid for the spring '07 semester last December, and now get a letter saying she is dropping out so she can go to a fancy culinary school in NY. Tuition is $40,000 for 6 months. I cannot afford this, plus, I will probably lose what I just paid. Am I compelled to pay? Suppose she changes her mind again? She wanted to be something completely different 2 months ago. Grades in county college were horrible. I also pay $180/wk child support. I have no contact and am afforded no opinions regarding the education or anything else of these 2 kids. They both work part time making decent money. All I ever get is ordered to pay pay pay pay. Please help. How does one afford an attorney these days?
3 Answers from Attorneys
Re: College
Once a child goes to college, this is a time of "substantial change of circumstance" requiring a fresh look at the child support obligation. Additionally, a change from a county college to a private school would also be a "substantial change of circumstance." You also have the absolute right to be in on these decisions.
Whether or not you are entitled to a reduction in child support, and also the amount of your contribution to any college costs, depends on many things, including your needs in connection with the continued support of your child, where the child lives while attending college, reasonable contributions by the child and the relative income of the parents. I cannot give you a good answer without more details as to your particular circumstances. Remember that in general, in NJ, divorced parents are required to pay college costs in accordance with their ability to pay. This balance is calculated after all applicable loans, grants, scholarships, etc. In order to calculate the ability to pay, a comparison of the assets and incomes of the parties (and the child) is necessary.
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 an 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: College
I have many clients in your same situation. This has really become a hot issue in the last year or so. You need to go back to court and fight this out. I would strongly suggest getting an attorney if you can afford one.
My initial consultations are always free, so call me at 732/247/3340 to discuss the case.
Re: College
First of all, you are only required to pay by way of college expenses what it would cost to attend Ruters University. Secondly, you paid for county college and now she has changed her mind but your ability to paid has not changes. If her grades were so terrible it might appear to a judge that she attended county college
in name only because she did not study.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com