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Ask Cassie: The Law Offices of Paone Zaleski & Murphy

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Dear Cassie:  Do divorcing parents have an obligation to contribute to their children’s college expenses in New Jersey?  -J.B. 

Dear J.B.:

The short answer is, yes.

If parents cannot agree on how their child’s college costs should be paid, the court has the authority to order one or both parents to contribute to the college costs. In deciding the issue, the court will look at several factors, including the amount of the college cost, the financial abilities of the parents to pay, the financial resources of the child, the availability of financial aid, the kind of school and course of study sought by the child, the child’s commitment to the college education, and the child’s relationship to the paying parent.

If your child is not of college age at the time you are divorcing, the court will not address the issue of college. Instead, you or the other parent will have to return to court at the time your child is of college age to address the issue. The parties are also always free to agree in advance upon how these expenses will be shared in the future.

Individuals in litigation involving college contribution should consult with an attorney.

Cassie Murphy is a divorce and family law Partner with the Law Offices of Paone, Zaleski & Murphy, with offices in Red Bank and Woodbridge. 

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