Legal Question in Family Law in New Jersey

When does the visitation committment end?

I was divored in 1994 when my son was 5 years old. He will be 18 in March of 2007. Do I still have to abide by the visition agreements of shared driving & dates that made in my JOD since 18 is the age of majority in NJ?

Since my son is going to college after he graduates high school this June & my child support agreement is ''in accordance with NJ Case Law,'' doesn't my ex still have to continue to pay child support while my son attends college?


Asked on 1/21/07, 12:39 am

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: When does the visitation committment end?

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 a reduction in child support, however, 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.

That is a different issue as to the college cost obligation. In general, in NJ, the divorced parents are required to pay college costs (usually, room, board, tuition, books and computer) 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

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Answered on 1/25/07, 6:14 am
Gary Moore Gary Moore Attorney At Law

Re: When does the visitation committment end?

Since paying for a child to attend college includes his support child support to you is supposed to abate substantially. Otherwise there is a form of unfair double dipping.

When a child is eighteen years old he decides when he sees parents, but it seems a bit ridiculous that a child would expect support while refusing to see the supporting parent. In fact it would be stupid.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/21/07, 8:21 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: When does the visitation committment end?

I agree with Mr. Moore, I don't suggest "rocking the boat" and giving him an out. What your ex should do is pay his portion for your son to go to college. I suggest getting an attorney to help you with this since I am sure the child support amount will not cover tution plus room and board.

My initial consultations are always free, so call me at 732/247/3340 to discuss your situation.

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Answered on 1/21/07, 10:07 am


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