Legal Question in Family Law in New Jersey
Support payments used for college tuition
My ex-wife used my child support payments for college tuition and is now suing me for child arrears. Is this legal? Have you heard of other cases like this and what the verdict was?
4 Answers from Attorneys
Re: Support payments used for college tuition
This is bizzare. You need a lawyer, because she is already suing you for more child support. Go find an experienced divorce attorney located not too far away from you.
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
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Re: Support payments used for college tuition
Yeah, this sounds pretty crazy. Motions involving college expenses seem to make a large part of my practice these days. The law is very tricky in this area so you need a good attorney to help you navigate it. I say that because while what she is doing is not right, she may wind up the winner in the end because you do have to provide the child will college expenses. Thus, a court could just provide an offset and declare that you owe her X amount. In my opinion, a good attorney could put forth many good arguments with which you would most likely win in the end.
My initial consultations are always free. Give me a call at 732/247/3340 and we can discuss your case in more detail.
Good luck!
Re: Support payments used for college tuition
You are not obligated for college expenses if there was no order requiring same. Usually, one pays child support until college and then pays for college expenses to the extent that one is able for four years of college. A child away at school is receiving a form of child support when you pay for college room and board.
I would like to know what the final judgment of divorce and/or the property settlement agreement provide in regard to college expenses and child support. Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Support payments used for college tuition
I would also like to see a copy of the
papers filed against you by your wife.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com