FamilyLawFrequentlyAskedQuestions

Can Divorced Parents be Ordered to Pay for Their Children's College Education?

New Jersey is in the minority of states that allow courts the discretion to require divorced parents to pay for their children's college education. In the case of Newburgh V. Arrigo, the New Jersey Supreme Court held that in "appropriate circumstances" parental responsibility includes the duty to assure children of a college education. The Court established the following factors for the court to consider in determining whether these "appropriate circumstances" exist:

1. Whether the parents, if still living with the child, would have contributed toward the cost of the requested education;
2. The effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education;
3. The amount of the contribution sought by the child for the cost of higher education;
4. The ability of the parent to pay that cost;
5. The relationship of the requested contribution to the kind of school or course of study sought by the child;
6. The financial resources of both parents;
7. The commitment to and aptitude of the child for the requested education;
8. The financial resources of the child, including assets owned individually or held in custodianship or trust;
9. The ability of the child to earn income during the school year or on vacation;
10. The availability of financial aid in the form of college grants and loans;
11. The child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and
12. The relationship of the education requested to any prior training and to the overall long-range goals of the child.

The Family Courts in New Jersey support the public policy of encouraging the higher education and ultimate success of children. The divorce of one's parents should not prevent a child from obtaining a college degree. If a child has the aptitude and commitment to seek higher education, his or her parents are usually ordered to contribute in accordance with their abilities to pay.

How is Child Support Calculated and What Expenses are Covered by Child Support Payments?

Our New Jersey statute, N.J.S.A. 2A:34-23b sets forth factors to be considered when determining child support which include, but are not limited to:

1. Needs of the child;
2. Standard of living and economic circumstances of each parent;
3. All sources of income and assets of each parent;
4. Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
5. Need and capacity of the child for education, including higher education;
6. Age and health of the child and each parent;
7. Income, assets and earning ability of the child;
8. Responsibility of the parents for the court-ordered support of others;
9. Reasonable debts and liabilities of each child and parent; and
10. Any other factors the court may deem relevant.

However, the New Jersey Supreme Court has promulgated Uniform Child Support Guidelines which apply to all cases where a combined income of both the mother and father is $187,200.00 combined net or less. Under the guidelines calculation (which is done by computer software, or can be located on the internet, or in the New Jersey Court Rules), the total gross weekly gross income of both the mother and father are inputted into the guidelines. The concept behind the guidelines is that parents in different income levels spend a certain percentage of their combined incomes or a specific amount of money toward raising their child or children.

The sources of income to be included in the guidelines include income from employment as well as other sources of income which are outlined in the Child Support Guidelines and its Appendix IX which are notes explaining the Guidelines analysis such as rents, bonus and royalties and alimony and separate maintenance payments received from current or past relationships, the alimony paid is added to payee's income and deducted from the payor's income, as well as other sources of income.

In the event a party is voluntarily unemployed or underemployed, income may be imputed (attributed) to that party for purposes of calculating a support obligation.

Included in the Child Support Guidelines analysis may also be the cost of health care for the children as well as childcare costs.

The guidelines provide an overall amount of support necessary to provide for the needs of the parties' children (based on income and number of children) on a weekly basis. The guidelines then apportion each parties' respective responsibility. The non-custodial parent pays the support to the custodial parent. There is also a worksheet for Shared Parenting which apportions the responsibility as well.

The Guidelines take into consideration the number of children and Court ordered obligations toward children of other relationships.

Expenses covered by child support paid include such items as housing, food, clothing, transportation, entertainment, unreimbursed healthcare up to and including $250 per child per year and miscellaneous items. Items under housing include such things as lawn care, cleaning supplies, linens, light fixtures, computers and software, sewing materials, laundry, postage, etc., enumerated in the Appendix to the Child Support Guidelines. Food includes restaurants, tips and school meals. Also included is clothing, including footwear except special footwear for sports, diapers, repairs and alterations to clothing, footwear, storage, dry cleaning, laundry, watches and jewelry. Entertainment includes such items as fees, memberships and admissions to sports, recreation and social events, lessons and instructions, movie rentals, televisions, radio sound equipment, pets, hobbies, toys, playground equipment, photographic equipment, film processing, video games and recreational exercise or sports equipment, such as personal care products and services such as haircuts are included under miscellaneous items under the guidelines. As a result, these aforementioned items along with those enumerated in the Appendix IX-A of the guidelines are not shared separately by the non-custodial parent; the custodial parent is expected to pay for those items with the child support received.

Note, there may be upward deviation from the Child Support Guidelines if the parties agree as part of a Divorce Settlement Agreement or in an interim agreement when guidelines are not followed pending the divorce.

Linda Mainenti-Walsh, Esq.