Facing Future Education Costs for Children After a New Jersey Divorce
New Jersey family courts are increasingly likely to consider a college tuition obligation for a parent who is required to pay child support after divorce.
May 03, 2011
Facing Future Education Costs for Children After a New Jersey DivorceParents who are parting ways have a host of complex decisions to make, from alimony and division of property to child custody and child support. Every divorce is a unique legal matter with the potential for dispute at every turn, but through divorce mediation and a sense of cooperation, couples may be able to make the most of their marital assets to overcome future financial challenges.
One important goal for many divorcing parents is to preserve their children's options for higher education. When a family's income and assets must suddenly support two households, the expense of a college education for one or multiple children may seem a daunting prospect. The first thing a parent should consider is the relationship between college tuition and child support.
The New Jersey Child Support Guidelines do not require payments beyond age 18 within a standard child support determination. But a New Jersey divorce lawyer might advise a client that courts are increasingly likely to consider a college tuition obligation for a parent who is required to pay child support. A variety of factors will guide this determination, including the amount sought relative to the ability to pay, availability of scholarships or financial aid, and the child's academic abilities and fitness for higher education.
Parents should also be aware that federal financial aid eligibility as determined by the Free Application for Federal Student Aid (FASFA) may be affected by the divorce. In general, a student's eligibility for federal grants is based on the custodial parent's income and assets. In joint custody scenarios, that determination may come down to which parent the child spends the most time with.
In the event of a custodial spouse's remarriage, the stepparent's income must also be factored into an assessment of a college student's eligibility for federal financial aid. Child support payments from the non-custodial parent are also relevant. The standards are quite different when seeking financial aid from private colleges, and all assets and sources of income -- even that of a non-custodial stepparent -- are likely to be considered.
Modifying a New Jersey Divorce Decree to Reflect College Tuition Needs
Depending on the age of a child or children at the time of divorce, parents may fail to consider the future implications of higher education expenses. If an existing divorce decree is silent about such matters, the parents should seek to resolve how they will apportion tuition expenses well before a child heads off to college. If an agreement cannot be reached, either parent may wish to seek or oppose a post-judgment child support modification in New Jersey family court.
Article provided by Jeffrey W. Goldblatt Law Office
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