If you are seeking a divorce, one of the issues that will likely come up if you have children is how you are going to pay for college. In New Jersey, based on current case law, Newburg v. Arrigio, the parties may have an obligation to pay for college after the child looks towards all loans and grants that are available. Generally, the amount each party will pay will be proportional to their income at the time the child attends college. Also, generally, the parties may limit their obligation to paying for the costs of state school tuition and expenses. If you have a child that will be attending college and you wish to find out your rights in a divorce regarding college tuition and expenses, call Green & Associates, divorce and family lawyers, for a free consultation at our East Brunswick office at 732-390-0480 or our Fort Lee office at 201-242-1119.
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When thinking about filing a motion for college tuition or expenses there a number of issues the parties should consider.
If you are seeking support for college and tuition postjudgment of a divorce, consider what the relationship of the parties are with the children at issue. Generally, it is important that the children still have a relationship with the parent from whom support for college is sought. If there is not a relationship or not a good relationship, that issue will have to be dealt with in any motion to determine the cause of the breakdown in the relationship of the child with the party from whom college support is sought. If that party chose to sever the relationship, they are more likely to be found to have to pay support for college and tuition. However, if the child chose to sever the relationship, it may impact the decision of the court regarding compelling the payment of support for college tuition and expenses.