Who pays for my child’s tuition?
College used to be considered an option instead of a necessity. A high school diploma was a great start to a long career. Things have changed and college is viewed as a need to many people who would like to succeed in the employment markets of many industries. Since college is now essential for many, does tuition, room and board, and other related expenses fall under child support?
Many courts are taking factors into consideration when related to child support and college expenses. If parents are able to, they may be responsible for ensuring the necessary education of their child. “Necessary education” varies from state to state. New Jersey, for the most part, believes that if the parents have the means, they are responsible for their child’s college expenses. Often, New Jersey courts fall back on the ruling of Newburgh v. Arrigo, 88 N.J. 529 (1982) that set the precedent that divorced parents are responsible for their child’s higher education, if they have the means to do so. The law is changing from case to case. In the recent case of Marcantonio v. Marcantonio, New Jersey App. Div., decided on April 27, 2016, the definition of “room and board” changed as well. No longer can clothing, phone, toiletries, supplies, entertainment, or personal bedding be considered room and board expenses. For the most part, the obligation of the parents relies mostly on their ability. Most courts will consider the obligation of the parents based on their incomes and family situation.
If you are facing a court case based on child support, college expenses may be a topic the court will address. Whether you are a noncustodial parent without legal custody or a parent estranged from your child, you may still be responsible for your child’s college expenses. If you need legal support to help you through your legal matter, contact The Law Office of Toby Grabelle, LLC for a consultation.
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.