Legal Question in Family Law in New Jersey
Interpretation of shared expenses
In the Dual Final Judgment for Divorce ann Property Settlement and Support Agreement , the following is stated
under HIGHER EDUCATIONAL EXPENSES:
''The parties agree that to the extent the child is
able, the child shall be entitled to a college
education. The parties agree that they shall consult
with one another and the child concerning the proposed
college education to choose a school commensurate with
the child's abilities and interests and the parties'
financial abilities. The parties shall share payment
all college expenses including tuition, room, board,
books, fees and reasonable transportation expenses
base on their then income and assets, provided, that
if WIFE chooses not to work, reasonable earnings shall
be imputed to her for purposes of calculating her
share of responsibility for said expenses.''
My question is the interpretation and intent of the phrase,....''based on their then income and assets...''.
Ten (10) years after the divorce one party has income and
assets of less than $50,000 and the other party has
income and assets of more than $1,000,000.
1 Answer from Attorneys
Re: Interpretation of shared expenses
The bottom line is that the person with greater income and assets pays most of the educational expenses and together the parties are financially capable of paying for an expensive education for their offspring.
Gary Moore,Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com