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For divorced parents in New Jersey, a child’s high school graduation can bring a new set of financial questions. Tuition, housing, meal plans, books, fees, transportation, and other costs can add up quickly, leaving many parents wondering: Who is responsible for paying for college after a divorce?
Unlike some states, New Jersey recognizes that a parent’s financial responsibility for a child may extend beyond high school and, in appropriate circumstances, may include a contribution toward higher education.
Yes, New Jersey courts have long recognized higher education as a potential component of a parent’s support obligation.
Under N.J.S.A. 2A:34-23, courts considering a parent’s support obligation may consider the child’s “need and capacity” for education, including higher education. The statute also directs courts to consider factors such as the financial circumstances, income, assets, and earning abilities of the parents and child.
When parents disagree about responsibility for college expenses, New Jersey courts generally look closely at the circumstances of the individual family. There is no universal percentage that applies to every case.
For divorced parents, one of the first places to look is the Marital Settlement Agreement (MSA) or Property Settlement Agreement (PSA).
Many divorce agreements contain provisions addressing future college expenses. Depending on the language negotiated at the time of divorce, an agreement might specify:
The exact language matters. New Jersey courts enforce valid agreements concerning college expenses. If the agreement is silent or unclear about how college costs should be allocated, additional analysis may be necessary.
One of the most important New Jersey cases involving college expenses is Newburgh v. Arrigo, 88 N.J. 529 (1982). In Newburgh, the New Jersey Supreme Court identified a series of factors courts can consider when determining whether, and to what extent, a parent should contribute toward a child’s higher education.
Those considerations include:
No single factor necessarily determines the outcome. College contribution disputes are highly fact-sensitive, and courts are expected to consider the circumstances as a whole.
There is no automatic rule requiring divorced parents to divide college costs equally.
Depending on the circumstances, parents might contribute equally, proportionally based on their respective financial situations, or according to another arrangement established in their divorce agreement or determined by the court.
The child may also be expected to contribute through savings, employment, scholarships, grants, financial aid, or other available resources.
For example, if one parent earns substantially more than the other, a court does not necessarily have to require each parent to pay the same amount. The parents’ respective incomes and assets are among the considerations that can affect the ultimate allocation.
When people hear “college expenses,” tuition is often the first cost that comes to mind. But the actual cost of attending college can extend far beyond tuition.
Depending on the parties’ agreement and circumstances, disputed expenses may involve:
Because families may disagree over what constitutes a legitimate college expense, a well-drafted divorce agreement can be particularly valuable. Defining covered expenses in advance can reduce uncertainty when the child eventually begins applying to schools.
Existing college savings and financial aid can significantly affect how much remains for the parents and child to pay.
If a family has a 529 college savings plan or other funds specifically designated for education, the divorce agreement may address when and how those funds will be used. Parents should review the exact terms of their agreement rather than assuming the account automatically satisfies one parent’s obligation.
Scholarships, grants, and other financial aid may also reduce the amount that needs to be allocated among the parents and children.
This is another reason college planning should begin well before the first tuition bill arrives.
College selection can become particularly complicated when divorced parents disagree about cost.
A child may prefer an expensive private university or out-of-state school while a parent believes a more affordable option is appropriate. A parent’s obligation is not necessarily determined simply by the child’s preferred school.
The type of school, the cost of attendance, the child’s educational goals, available financial aid, and the parents’ ability to pay can all become relevant when determining a reasonable contribution.
Communication is important as well. New Jersey case law recognizes the significance of raising the issue of college contribution before expenses have already been incurred. Parents should not assume they can select a school, incur substantial expenses, and only afterward seek reimbursement from the other parent.
College contribution and child support are related issues, but they are not necessarily the same thing.
A child’s attendance at college does not automatically mean child support immediately ends. New Jersey’s child support and emancipation laws contain specific rules concerning children who continue their education after high school.
At the same time, a child’s living arrangements at college and the expenses being paid directly by each parent may affect the existing child support arrangement. Whether child support should continue, terminate, or be modified depends on the circumstances and any applicable agreement or court order.
Parents should therefore avoid simply stopping child support when a child leaves for college without first determining whether a modification or other court action is necessary. In some cases, child support may even include when a child goes to college.
The relationship between a parent and child is one of the factors identified in Newburgh, including mutual affection, shared goals, and the child’s responsiveness to parental advice and guidance.
However, estrangement does not automatically eliminate a parent’s college contribution obligation. Courts may examine why the relationship deteriorated, the history between the parent and child, and the other relevant factors before determining what effect, if any, the relationship should have on contribution. There are cases that say a parent is not to be treated like a “wallet”, so it is very important to analyze the facts and circumstances of each case.
These situations are particularly fact-sensitive and should be evaluated individually.
Ideally, before the child commits to a school or significant expenses are incurred.
Parents may want to begin reviewing their divorce agreement and discussing college costs during the child’s junior year of high school. Waiting until after enrollment or after tuition has already been paid can create unnecessary disputes.
Issues to address may include the expected cost of attendance, financial aid applications, scholarships, 529 funds, the child’s contribution, each parent’s proposed contribution, and how the final college decision will be made.
Early planning also gives parents time to seek legal guidance or court intervention if they cannot reach an agreement.
Paying for college is a significant financial undertaking for any family. For divorced parents, the process can be more complicated because financial obligations may be governed by a divorce agreement, New Jersey law, or both.
There is no one-size-fits-all answer to who pays for college after divorce in New Jersey. The parents’ agreement, their financial resources, the child’s circumstances, the cost and type of education being pursued, available financial aid, and other factors may all play a role.
If you have questions about your responsibility for your child’s college expenses, or disagree with your former spouse about how those costs should be divided, Lawrence Law’s New Jersey divorce and family law attorneys can help you understand your rights and obligations and determine the best path forward for your family.
Contact Lawrence Law today to schedule a consultation with one of our New Jersey family law attorneys. To stay up to date with the latest firm news, upcoming events, and more, subscribe to our quarterly newsletter, the Lawrence Ledger, today!
This blog is for informational purposes only and does not constitute legal advice. Every family and every divorce agreement is different. You should consult with an attorney regarding your circumstances.
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