Whether you have children in college or about to enter college, a common question among divorcing parties is “Who pays for college?” Frankly, even in cases that involve much younger children, it is always a good idea to include the topic of selecting and paying for college as part of any divorce settlement, to help minimize potential issues down the road.
In New Jersey, divorced parents can be required to help pay for their children’s college education. This principle was first set forth in the New Jersey Supreme Court Case of Newburgh v. Arrigo, in which the Court provided a list of non-exhaustive factors for courts to consider when assessing whether and to what extent divorced parents must contribute to their children’s college expenses.
The factors include the following:
whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;
the effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education;
the amount of the contribution sought by the child for the cost of higher education;
the ability of the parent to pay that cost;
the relationship of the requested contribution to the kind of school or course of study sought by the child;
the financial resources of both parents;
the commitment to and aptitude of the child for the requested education;
the financial resources of the child, including assets owned individually or held in custodianship or trust;
the ability of the child to earn income during the school year or on vacation;
the availability of financial aid in the form of college grants and loans;
the child’s relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and
the relationship of the education requested to any prior training and to the overall long-range goals of the child.
Given the complexity of these factors, it is generally better for the parties to come to an agreement, or at the least a framework of an agreement, as part of their divorce, as to how a college will be selected and paid for in the future.
In such cases, it is common for the parties to agree that college will be selected by the children, in consultation with both parents, and in consideration of their respective financial means, and the various types of financial assistance available to the children (e.g., loans, financial aid, scholarship, etc.). This helps to prevent one parent from unilaterally deciding that the child should attend the most expensive school available, while similar options are available at significantly reduced costs.
Unfortunately, it is not uncommon for settlement agreements or divorce judgments to completely ignore the issue of college expenses, and so sometimes this issue must be revisited years after a divorce was concluded. In such cases, it is critical to find an attorney with experience in handling such cases, and who understands the interplay between the various factors laid out by case law, and how they might impact your case.
There certainly is no one-sized-fits-all answer to the question of college contribution, but no matter how old your children are when you get divorced, it is something that should not be left to chance later on. Finding a Divorce Attorney who can explain and assess these factors, and how they might impact your case will help to minimize potential conflict when it comes time to selecting and paying for college. Contact The Law Office of Steven M. Cytryn, LLC to schedule a consultation today. Proudly Serving Central New Jersey, including Middlesex, Monmouth, Somerset, Union and Mercer Counties.
