Legal Question in Family Law in North Carolina
I am a divorced man. I live in NC. Have a daughter in New Jersey with her mom. I have never been late or not paid my chold support payments. My daughter will be graduateing next year ans says she wants to go to college. Am I responsible or can I be made to send her to college. I have remarried and cannot afford child support and a college bill. I would love to send her but I just cant afford it.I know her mom doesnt want the child support stop so she will do anything to get her to college. Is it law that I will have to help send her to college.
1 Answer from Attorneys
Support would be determined by the law of New Jersey. Talk to a New Jersey family attorney. Here is an excerpt though regarding child support and college expenses in New Jersey:
The courts have viewed education as a necessity. The recent trend in New Jersey has been to require parents to pay for the college costs for their children. Therefore, if the child is attending college, then it is very unlikely that a court will grant an emancipation motion.
When a court makes a decision as to whether or not to require a parent to pay for a child's college education and related expenses, the court must consider the complete set of facts of each case. The court will analyze the following factors to assess if a parent should pay for a child's college costs; (1) the effect of the background, values, and goals of the parent on the reasonableness of the expectation of the child for higher education; (2) the amount of contribution sought by the child for the cost of the higher education; (3) the ability of the parent to pay that cost; (4) the relationship of the requested contribution to the kind of school or course of study sought by the child; (5) the financial resources of both parties; (6) the commitment to and aptitude of the child for the requested education; (7) the financial resources of the child, including assets held individually or in custodianship or trust; (8) the ability of the child to earn income during the school year or on vacation; (9) the availability of financial aid in the form of college grants; (10) the child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; (11) the relationship of education requested to any prior training and to the overall long range goals of the child.
The decision on whether or not a parent should pay for the college costs rests in the court's hand. However, there is a strong trend towards requiring parents, if they are financial capable, to pay for the college. In most cases, the courts will not require the payor to pay for college and for child support at the same time. However, once again the key issue is how much money the payor who is usually the father has.