Paying Child Support for College Students in New Jersey

The Newburgh v Arrigo child support case

Child support for college students is not dealt with under the New Jersey Child Support Guidelines. It is considered distinct from standard child support and case law is referred to in disputes concerning who pays for the college education of children.

The leading case is Newburgh v Arrigo, which is often cited in marital settlement agreements. In this case, the New Jersey Supreme Court ruled that parents sometimes have a duty to contribute towards necessary education for their children, stating the following:

“The privilege of parenthood carries with it a duty to assure a necessary education.”

The ruling does not clearly define the appropriate contribution or “necessary” education but does lay out the factors that judges must consider when determining the child support required for a college student.

Factors that determine a parent’s responsibility to pay support for college students in NJ

The main factors set out in the Newburgh v Arrigo case include whether the parent—if still living with the child—would have contributed toward the costs of the higher education requested and the effect of the background, values, and goals of the parent on the reasonableness of the expectation of the child for higher education.

Other factors requiring consideration include:

• The parent’s financial resources and the ability to pay the requested cost of education.
• The commitment to and aptitude of the child for the requested education.
• The child’s financial resources, including assets owned or held in trust, and the ability to earn income.
• The availability of financial aid from college grants and loans.
• The child’s relationship to the paying parent.
• Whether the education requested will supplement any training and help to achieve the overall long-range goals of the child.
• Whether or not both parents were involved in the college planning decisions.

Does child support continue through college in New Jersey?

Child support is intended to cover a variety of costs, including the everyday living expenses of the child, health care, education, and so on—until the child reaches the age of 18.

Beyond that age, many parents still want to support their child’s college education. Some parents create a college savings plan during marriage or after a divorce for the express purpose of meeting the future financial burden of sending their children through college.

However, a college education is not a standard part of the child support obligation. The costs are significant, and it would not be fair to compel some parents to meet these costs if it is not reasonable to do so.

In legal disputes over this matter, the courts will decide on whether contributions to college education should be paid by the parent who previously paid support.

A key point is that a child is not considered automatically “emancipated” at the age of majority (18) in New Jersey—and, therefore, a child who wants to continue their education after that age may legitimately be able to claim further support, distinct from the standard child support. The New Jersey family court will need to consider the types of factors detailed above when ruling on the matter.

Sometimes, a parent is ordered to pay child support but not to contribute to college or to contribute to college and not pay child support—or do both.  Each case is considered based on its unique set of circumstances.

Parents are advised to deal with college education issues in their divorce settlement so that no surprises crop up after high school graduation and the potential for legal disputes is reduced.

Child support for college students is a “gray area”

The matter of whether parents are responsible for a child’s college costs remain open to discussion and is something of a “gray area” in New Jersey.

There are no “hard and fast” rules. Judges can exert considerable discretion in their rulings based on the considerations outlined and the set of circumstances that apply. Whether the matter arises during a divorce or afterward, a parent can be subject to a significant financial obligation in addition to those that they have already bargained for.

One mistake commonly made by payors of child support is to automatically file for a modification of the support obligation once a child begins college—on the basis that the child no longer needs to live at home. The support obligation may end up increasing rather than decreasing because the child’s needs and expenses may increase as he/she may not be considered “emancipated” yet.

Another common mistake made by parents is to assume that the college support contributions will be divided equally between the parents and the child. In reality, it is not presumed by the court to be a one-third split across the three individuals and decisions will be based partly on each individual’s ability to contribute.

Again, such matters are considered on a case-by-case basis, so those involved in a legal dispute with the other parent about paying child support for a college student should seek legal advice and assistance from a qualified divorce lawyer before acting.

If you are divorcing and want to settle the matter of college education in advance of your child reaching that age, your lawyer can include a provision in the marital settlement agreement to avoid future disputes.

If you need assistance with child support or any other aspects of divorce in New Jersey, contact the Law Office of Steven M. Cytryn, LLC for an initial consultation.