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SEPTEMBER/OCTOBER 2015
THE WARREN-WATCHUNG CONNECTION
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Divorced parents in New Jersey have an obligation to contribute to their chil- dren's college expenses. This is true even though married parents do not have an obligation to do so. The case of Newburgh v. Arrigo pro- vides a list of factors for a court to con- sider in assessing the obligation of the parents. This case is the cornerstone of any college contribution analysis. In evaluating the claim for contribution toward the cost of higher education, courts will consider all relevant factors including: 1. whether the parent, if still living with the child, would have con- tributed toward the costs of the requested higher education; 2. the effect of the background val- ues 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 indi- vidually 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 pay- ing 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. Having weighed and balanced the fac- tors and the particulars of each case, the court will order each parent to pay a certain percentage of college costs. College costs may include preparation courses for academic tests, application fees, visits to the school, a computer, transportation to and from school on breaks and during the year, as well as the customary expenses like tuition, room, board, and school fees. Issues such as whether the children should take out loans or be allowed to attend Princeton over Rutgers can also be decided by a judge. It is, however, much more prudent to spell out these very important details in the divorce agreement, which is called the Proper- ty Settlement Agreement or Marital Settlement Agreement. Absent some legally recognizable change in circumstances, the provi- sions of the Property Settlement Agreement will govern each parent's obligation toward college and will be enforced by the court. If the agreement does not address col- lege contribution, and the issue is not settled between the parents through their respective attorneys or a media- tor, the issue will be decided by the court, which will consider the 12 fac- tors enumerated above. It is important to know that there is a comprehensive bill pending in the legislation that will provide compre- hensive statutory guidance and changes to the college contribution arena. Stay tuned! COLLEGE CONTRIBUTION By: Jeralyn L. Lawrence, Esq. Norris McLaughlin & Marcus, P.A. www.theconnectionsnj.com