Blog

College expenses: can a parent get out of paying post-divorce?

In the recent Appellate Division case of M.F.W. v. G.O., the court upheld the lower court’s order requiring the father to contribute to his daughter’s college costs.

The court, on motion, allocated the daughter’s college expenses 70/30 and declined to hold a hearing on the issue, finding that there were no issues of material facts warranting a trial. Accordingly, the court allocated the respective obligations.

The parties’ divorce agreement clearly and specifically provided that they would pay for their daughter’s college. Their agreement did have a relatively standard clause that obligated the daughter to apply for all loans and financial aid. The court held that clause repugnant and refused to enforce it, reasoning that if it did, the daughter could get loans to pay 100% of college costs, which would release the parties from their agreement to pay. This concept was unacceptable to the court.

In seeking to enforce the parents’ commitment to pay for college and to protect the child from being burdened by loans to which she did not consent, the court held that college would be paid 70/30 by the parties. This case is refreshing in that the court actually decided on the motion, but only did so because there was enough evidence. By declining to order a protracted and prolonged trial to address a fairly straightforward issue, it saved the parties a significant amount of time, stress and expenses.

If you have any questions about this post or other family law or divorce matter email me at jlawrence@lawlawfirm.com.

Subscribe to Our Blog

SHARE THIS POST:

Related Posts

Blog
Divorcing Police Officers Face Unique Parenting Time Issues

Divorcing police officers and firefighters, like other clients, face a multitude of issues.  For most parties, the paramount concern is custody and parenting time when there are children born of the marriage. For most parents who work “9 to 5” jobs, there will be a traditional custody and parenting time arrangement.  This agreement is either…

Read More
Blog
Grounds for Divorce in New Jersey

A client may want a divorce, but may be unsure on what basis a court would grant them a divorce.  In New Jersey, there are several grounds for divorce.  The legal term for grounds for divorce is “cause of action.”  In every divorce, a party has to allege a specific cause of action that warrants…

Read More
Blog
What About The Family Dog!? Asked a Divorced Parent

For many of our clients, a family dog is an integral and beloved part of the family. They provide ample love and support.  We couldn’t possibly imagine having to part ways with a pet as a result of a separation or divorce. This is especially true for our client’s with children who have grown attached…

Read More
Blog
What Records and Documents Should I Gather if I am Considering a Divorce?

If you are considering a divorce in New Jersey, a wise starting point is to inventory your financial records and documents. Here is a list of 14 records you should gather: Social Security Earnings Statement.  This is a snap shot of both parties’ respective income.  The statement shows a clear picture of the earning history…

Read More
Blog
What Does Family Law Litigation Mean?

Before getting into what family law litigation means, it is helpful for readers to understand the general definition of litigation. Litigation is the process of addressing disputes by filing or answering a complaint through the court system. Consequently, a litigator is a trial lawyer who represents clients in a court of law. So, family law…

Read More
Blog
Protecting Personal Information in a New Jersey Divorce

  The basic presumption in New Jersey is that Court records are open to the public. This means that anyone can go into a New Jersey courthouse and review a divorce file of a relative, friend, or even a stranger. Before irreconcilable differences became a viable option as a cause of action for divorce, many…

Read More
Call Now ButtonCall Us