College and Custody in New Jersey

College and Custody in New Jersey: What Divorced Parents Need to Know

Sending your child off to college is a huge milestone. But for divorced or separated parents in New Jersey, it is also a moment when family law comes back into focus. Who pays for tuition? Can a parent be forced to contribute? What happens if you and your ex cannot agree on a college or financial plan?

New Jersey has some of the most protective and creative family law rules in the country when it comes to post-secondary education. If your child is heading to college—or even thinking about it—this guide is for you.

In New Jersey, Parents Can Be Required to Pay for College

Unlike many states, New Jersey courts can require divorced or unmarried parents to contribute to their child’s college expenses, even after the child turns 18.

This rule comes from the landmark case of Newburgh v. Arrigo (1982), where the NJ Supreme Court ruled that parents may be obligated to support their child’s college education based on several factors.

Courts Consider 12 Key Factors:

These include:

• The ability of both parents to pay
• The child’s commitment and aptitude
• Whether the parent would have contributed if the family remained intact
• Financial resources (including scholarships, loans, and grants)
• The relationship between parent and child

Bottom Line: Even if your divorce settlement does not mention college costs, you may still be ordered to contribute if your ex petitions the court.

Existing Agreements Are Enforceable

If your divorce or custody agreement includes terms about college—such as splitting costs, tuition limits, or decision-making processes—those terms are legally binding. However, if circumstances change (e.g., job loss, disability, remarriage), you can file a motion to modify the agreement.

Courts will want documentation showing:

• Changes in income
• Increased cost of living
• The child’s performance or enrollment status

What About Child Support During College?

In New Jersey, child support doesn’t automatically end at 18.

Here is what you need to know:

• Child support continues until age 19 by default, and can extend up to age 23 if the child is enrolled full-time in college or vocational school.
• The court may adjust the amount based on college-related expenses (especially if the child lives on campus and eats on a meal plan).
• Parents can also petition to have child support redirected to the student for specific expenses (books, travel, personal items).

When Parents Disagree About College

If one parent refuses to contribute, or disputes the child’s choice of school, the other can file a motion in family court. The judge will look at the Newburgh factors and decide what’s fair.

Mediation is often encouraged before going to court, especially if both parties want to avoid a long and expensive legal fight.

FERPA and Privacy Laws Still Apply

Even if you’re paying tuition, once your child turns 18 or enters college, you lose automatic access to:

• Grades and transcripts
• Disciplinary records
• Financial aid information

To stay in the loop, your child must sign a FERPA waiver allowing the school to share academic and financial info with you.

Medical and Legal Forms to Consider

For divorced parents of college-aged kids, having certain legal documents in place is a smart move—especially in emergencies:

• Healthcare Proxy / Medical Power of Attorney (lets you make medical decisions if your child is incapacitated)
• HIPAA Authorization (grants access to medical records)
• Durable Power of Attorney (allows you to handle financial matters like signing a lease or managing a bank account)

These forms are especially important if your child attends school out of state.

New Jersey Tips for Parents of College Students

1. Review Your Divorce Agreement Now – Do not wait until senior year of high school.
2. Start the College Talk Early – Discuss expectations, financial boundaries, and responsibilities with your co-parent and child.
3. Use Mediation– NJ courts prefer resolution through negotiation and compromise.
4. Get it in Writing – Any new college-related agreement should be documented and, ideally, court-ordered.
5. Keep Proof of All Payments – Especially if you pay tuition, rent, or buy supplies directly.

Contact a Lawrence Law Child Custody and Support Lawyer Today

College is one of the most expensive—and emotional—stages of parenting. For families in New Jersey, it is also one of the most legally complex. But with knowledge, preparation, and support, you can navigate these challenges and ensure your child’s education stays on track—no matter what your family structure looks like.

Contact a Lawrence Law attorney to schedule a consultation at (908) 645-1000 or through our contact form.