Legal Question in Family Law in New Jersey

College room & board, who pays?

My son will be turning 18 and heading to colleage. my ex-wife would like me to pay 65% of the ''room & board'' portion of colleage on top of the 65% tuition. (the agreement is non-specific when it comes to colleage). Since she has the children approx. 70% of the time and I pay child support related to this percentage, should she be required to pay 70% of the ''room & board'' potion of college expenses?

Thanks


Asked on 1/02/07, 7:31 am

3 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: College room & board, who pays?

If you earn twice as much you pay twice as much of the college expenses

If your incomes are roughly equal you each pay half of the college expenses.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/02/07, 8:17 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: College room & board, who pays?

Once a child goes to college, this is a time of "substantial change of circumstance" requiring a fresh look at the child support obligation. Whether or not you are entitled to a reduction in child support, however, depends on many things, including payments made for the child's education, your needs in connection with the continued support of your child, where the child lives while attending college and the relative income of the parents.

That is a different issue as to the college cost obligation. In general, in NJ, the divorced parents are required to pay college costs (usually, room, board, tuition, books and computer) 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

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Answered on 1/02/07, 9:45 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: College room & board, who pays?

In general I do not disagree with what the other attorneys said. However, it isn't always as simple as you make 75% she makes 25% so you pay that share for college. There are many other factors that can keep that cost down.

I suggest you meet with an attorney that can look at your case and give you your options so you can decide if it is worth taking a shot. As always, it comes down to money. My initial consultations are always free, so call me at 732/247/3340. We'll break down the numbers and then you can decide if it is worth the attoreny's fees.

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Answered on 1/02/07, 12:19 pm


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