Legal Question in Family Law in New Jersey

Re: Paying for college, non-married

Once a child goes to college, this is a time of "substantial change of circumstance" requiring a fresh look at the child support obligation. You also have the absolute right to be in on all decisions concerning a choice of college.

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: Paying for college, non-married

Your oligation to pay for college is the same as any parent. You are required to contribute to the cost of college to the extent that you are financially able and between you and the other parent the obligation is prorate based on respective incomes. Your obligation to pay begins after the child has taken advantage of all available grants, scholarships and other forms of student aid.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Paying for college, non-married

This is one of those issues that may need to go to court. Normally, costs get split 50/50, but if the incomes are really different, then that split will be different. If the other side never takes you to court until after the child has graduated, then you may not have to pay anything. Just had a case like that yesterday. My guy got off the hook for having to pay about $40,000.

Might want to at least consult with an attorney before you do anything here.