Legal Question in Family Law in New Jersey
NY vs NJ Law
After my uncontested NY divorced, my child was 2yrs old and we all lived in NY. I relinquished full custody in NY family court shortly thereafter. We also agreed (in court) on child support, visitation and relocation guidelines. They eventually moved to NJ and over the years I have voluntarily increased the child support payments. Although my ''relationship'' with both ex & child has hopelessly deteriorated, we have not been back to court since. My child is now 19yrs old and away at college. We (my ex and I) have verbally agreed to split the ''tuition'' (Tuition is IN ADDITION to child support). NY law says ''everything'' stops at age 21...case closed! 1)Does NJ laws provide such a clear and definitive termination date. 2)I assume my ex will need to seek another petition in NJ court if an extension is desired beyond age 21. Please confirm. 2) My NY order does not define child support. Does NJ law consider child support and tuition the same?
3 Answers from Attorneys
Re: NY vs NJ Law
New Jersey law requires parents to support their children until emancipation. Emancipation is defined as 18 years old and not registered full time at a college or university, not in the military, not married, not working full time, etc. Depending upon the language of your Divorce Agreement, NY law may apply anyway. If you would like to further discuss this matter, please feel free to contact my secretary , Debbie, at 856-795=6700 to schedule a consultation.
Re: NY vs NJ Law
In New Jersey child support is paid only when the child is at home with the custodial parent after the child enrolls in college full time. You can call me at 800 273 7933.
Child Support and college expense issues
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 child support 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. I cannot give you a good answer without more details as to your particular circumstances. In general, however, in NJ, the divorced parents are required to pay the balance of the 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 factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
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