In 1982, the NJ Supreme Court in Newburgh v. Arrigo ruled on a number of issues pertaining to divorce and remarriage, including the obligation of both parents to contribute to the cost of their children’s higher education. Since Newburgh, NJ trial and appellate courts have considered various aspects of financial obligations of parents to their adult children.

During a divorce, most parents are busy dealing with the current needs of and obligations to younger children, including shared custody, parenting time, and divided family finances. As overwhelming as it may seem right now, it is essential for parents to consider the future educational needs of shared children, and to build those needs into the divorce agreement.

Among the issues divorcing parents should address are:

• What type of college, university, or community college you agree to pay for;
• How much each parent will contribute toward room and board;
• Whether the limit of contribution for each parent will be the equivalent of a state school education cost, or something else.
• Whether one or both of the parties is a “high earner” or has major assets to be considered when the how-to-divide-costs discussion takes place.
• If the adult child lives at home while attending college, what is the continuing obligation of the parties to contribute to living expenses;
• Should both parents contribute to the cost of a child’s car, gas, and insurance;
• Whether each parent will contribute for graduate or professional studies beyond college;
• If the child takes a break from school, do both parents have an obligation to provide support, is the child deemed emancipated, and may a child later become “unemancipated” depending on circumstances;
• If a child has special educational needs or requires remedial tutoring, what is each parent’s financial obligation.

Consistent with new legislation, New Jersey settlement agreements usually mandate child support until a child turns 19 years old, or graduates from high school, whichever occurs second.  Similarly, a child’s marriage or joining of the military ends financial dependency. It is important to look beyond the age of majority, as the exorbitant cost of higher education can cause tension between children and parents, and can send parents back to court without the foundation of an earlier agreement.  Indeed, in New Jersey, after age 18, occasionally it is the child who takes separated or divorced parents to court for relief.

With presumptive termination of child support at age 19, the child support issue should be resolved by the time most children are out of high school. Notwithstanding the automatic termination provisions, parents or children could petition for extension if children are still in high school or college, or the children suffer from a physical or mental disability.

The presumption of child support termination is subject to rebuttal, on the basis of evidence.  If a child deserves an extension, it will be up to a Family Court judge to exercise proper discretion and give him/her the extension.  If no such application is made, or a parent on behalf of a child (or the child him/herself) fails to show good cause, then the child support obligation will come to an end.

This is an area, like many in the divorce arena, rife with opportunities to cooperate or litigate.  We recommend to our clients inclusion of an Alternative Dispute Resolution provision in their Settlement Agreement, to avoid going back to court unless nothing else will work.  Parties may negotiate, mediate, arbitrate, pursue collaborative law, or return to court for a post-judgment mini-trial.  Most people are persuaded to take effective steps short of court resolution, but if that is the only way to go, then they need to be well advised and fully prepared.

Conclusion

If you or someone you know has a crisis or concern about any aspect of New Jersey family law, then they or you should call or write us today. As experienced family law attorneys, we will anticipate many issues that only become relevant as children grow into young adults. If you are going through a divorce and you have children, it is crucial that your agreement include long term planning. Call the family lawyers at Hanan M. Isaacs, P.C., at 609-683-7400 — or contact us online — to schedule a reduced fee initial consultation.

We will sit down with you to discuss the facts, the law, and our reasoned opinion as to your best way to proceed.  We are “compassionate counsel and tough advocates”.  Give us the opportunity to serve you.  You will be glad you did.