Legal Question in Family Law in New Jersey
college room and board
My divorce agreement states under the section on College Education of the Child, that both parties have an obligation to provide for the college education of the child and the parties shall share in all college expenses for the child (we have been splitting the tuition and campus apartment rent 50%-50%). In the section on Termination of Child Support Obligation, the agreement states that the obligation to make payments for support and maintenance of the child shall terminate when the child has completed four (4) continuous years of college. My son completed four continuous years of college in May 2004 and I stopped paying child support. He did not graduate in May and is currently (the 2004-2005 school year) a full-time undergraduate. I am willing to continue to pay half of the college tuition. I would like to stop contributing to the rent of the apartment. My question: Am I still obligated to pay half the rent on his apartment on campus?
2 Answers from Attorneys
Re: college room and board
Your legal obligation to support your son under the agreement is completed.l Your willingness to continue to pay half of the tuition is generous. You should immediately advise your son and your former wife of your decision and give him 30 days to find a alternatae source for the apartment rent.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: college room and board
You state that your obligation to pay support, per the court order, has ended. Thus, any additional support you are willing to pay beyond the four years, is completely voluntary. Based on your description of what the agreement says and what has happened, you don't have to pay anything if you don't want to. Of course, you would actually need to have an attorney review the actual agreement as well as all relevant facts and materials.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
(*Licensed in New Jersey, Maryland, and Dist. of Columbia)
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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