Middlesex County College Expense Lawyer
In New Jersey, college expenses are considered an important aspect of child support. While child support typically ends when a child reaches the age of 18, child support can continue beyond this date if your child pursues higher education in college or trade school. In addition to this, parents can be directed to contribute to the costs of college or trade school in addition to child support.
Depending on the specific circumstances of their case and the child’s educational needs, both parents may be required to contribute to these expenses. The Middlesex County college expense lawyer at Thakkar Family Law knows that parents want to provide the best opportunities for their children, including access to higher education. However, determining how college expenses fit into existing child support arrangements can be challenging.
Are College Expenses Included in Child Support in Middlesex County?
In New Jersey, college expenses are not automatically included in child support, but they can be considered as a separate obligation. The court will look at several factors when determining whether parents must contribute to their child’s college costs, including but not limited to:
- The financial situation of both parents.
- The child’s academic performance.
- The availability of financial aid.
- The child’s ability to contribute to their education.
- The child’s commitment to pursuing a degree.
- The availability of scholarships or grants.
- The reasonableness of the chosen college or university in relation to the family’s financial situation.
The court will also examine the family’s history of supporting higher education and whether the parents had a mutual expectation that the child would attend college. If parents had previously agreed or expressed a willingness to contribute to college expenses, this may weigh heavily in the court’s decision. On the other hand, if the child chooses an expensive school that is beyond the family’s means, the court may limit the amount of support required from the parents.
New Jersey courts believe parents are responsible for contributing to their child’s higher education, provided the child can attend and demonstrates a desire. If both parents can reasonably afford to help, the court may order contributions from each party and regular child support. The amount and extent of these contributions depend on each family’s unique circumstances.
When Do Child Support and College Contribution Obligations End?
In New Jersey, a child may not be considered legally emancipated if they are still financially dependent on their parents for education. Therefore, the court may extend child support and college contribution obligations until the child completes college or another post-secondary education program.
The specific end date for child support, including college payments, depends on the child’s academic progress and whether they are actively pursuing their education. Child support can continue during breaks between academic years or part-time enrollment if the child is making reasonable progress toward completing their degree.
How Are College Expenses Shared Between Parents?
New Jersey courts use a balancing approach to determine how to allocate college expenses between parents.
This involves assessing:
- The financial resources of each parent.
- The cost of the chosen college or university.
- The child’s ability to contribute to their education through scholarships, grants, or part-time employment.
In some cases, the court will establish a clear division of costs; in others, the parents may agree on sharing expenses. This agreement can include direct payments to the school or contributions to room and board, tuition, textbooks, and other necessary expenses. The court typically issues a detailed order outlining each parent’s obligations to prevent disputes. A Middlesex County college expense lawyer can explain your order in detail.
What if One Parent Cannot Afford College Contributions?
If one parent is unable to afford college contributions, the court will consider this when determining how to allocate the costs. The court may reduce the amount the parent must contribute based on their financial situation. This may involve assessing whether the parent has experienced a change in income or has other financial obligations impacting their ability to pay.
In some situations, if both parents are facing financial difficulties, the court may reduce the overall contribution requirement or encourage the child to seek additional financial aid. However, parents need to present accurate financial information to the court to support any claims of financial hardship. Parents who do not provide complete and accurate financial disclosures may face penalties or unfavorable rulings.
Can College Expenses Be Ordered for Trade Schools or Vocational Programs?
College expenses can also be ordered for trade schools, vocational programs, or other post-secondary education options. The court may require parents to contribute to these educational paths if they are in the child’s best interest and if the child is committed to completing the program.
As with traditional college expenses, the court will assess the parents’ financial ability to contribute and the costs associated with the program. Trade schools and vocational programs may be more affordable than a four-year college. However, the court will still carefully examine whether the contributions are reasonable based on the family’s financial circumstances.
What Happens if Parents Disagree on Paying for College?
Disagreements over college expenses are common, particularly when parents have differing financial situations or expectations regarding their child’s education. If parents cannot agree on how to handle college costs, the court will step in to decide based on the child’s best interest and the financial ability of both parents.
Parents need to resolve disagreements amicably whenever possible, as lengthy court battles over college expenses can be stressful and costly. Mediation may be an option for parents who want to reach an agreement outside of court. If this is not possible, the court will ultimately issue a ruling based on the mentioned factors. This is why it is important to have a Middlesex County college expense lawyer on your side.
