Legal Question in Family Law in New Jersey

Required to Pay 1/2 of College Tuition ?

My fiance is been divorced from his ex-wife for over 4 years now. He has been paying the maximum amount for only 1 child who is now of 18 years of age. He receives no credits by the court for visitation, since the daughter was encouraged not to visit upon the divorce by the Mother.

The child attends a county college on a full-time basis, as she is also employed. The Mother makes MORE THAN the father and she is now attempting to take him back to court to request that the court order him to pay half of college tuition.

Although this is probably irrelevant, it has just come to the father's attention that his daughter had to pay for her own tuition, while her Mother paid nothing towards it. (er Mother receives $835.00/month from the father.)

Is this possible since he is already paying the MAXIMUM amount? The mention of paying for college tuition was not in the divorce paperwork.

What is the probability that she will win in Court?


Asked on 1/18/06, 6:29 pm

1 Answer from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Required to Pay 1/2 of College Tuition ?

Hi,

You raise several important issues that definately need to be addressed to the Court immediately in response to her motion. The New Jersey Courts can require parents to contribute to college costs. The courts look at:

In Gac. v. Gac, 351 N.J. Super. 54 (App. Div. 2002), the court reiterated the guidance offered in Newburgh v. Arrigo, 88 N.J. 529 (1982); i.e., that in evaluating the claim for contribution toward the cost of higher education, courts should consider all relevant factors, including [but NOT limited to]:

(1) whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;

(2) the effect of the background values and goals of the parent on the reasonableness of the expectation of the child for higher education;

(3) the amount of the contribution sought by the child for the cost of higher education;

(4) the ability of the parent to pay that cost;

(5) the relationship of the requested contribution to the kind of school or course of study sought by the child;

(6) the financial resources of both parents;

(7) the commitment to and aptitude of the child for the requested education;

(8) the financial resources of the child, including assets owned individually or held in custodianship or trust;

(9) the ability of the child to earn income during the school year or on vacation;

(10) the availability of financial aid in the form of college grants and loans;

(11) the child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and

(12) the relationship of the education requested to any prior training and to the overall long-range goals of the child.

I would suggest that you seek the advice of an experienced attorney to help you through this motion. If you would like a free consulation please call my office.

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Answered on 1/19/06, 9:58 am


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