Do I Have to Pay for College Tuition if I am Paying Child Support in New Jersey?

Do I Have to Pay for College Tuition if I am Paying Child Support in New Jersey?


If you’ve been ordered to pay child support after a divorce in New Jersey, you may be wondering if this will include college tuition. Although you may be a dedicated parent, it is always important to determine when child support payments will stop. After all, you cannot be expected to continue paying child support indefinitely.

You might assume that when your child attends college, they will not be considered a “child” anymore in the eyes of the law. If they are not considered a “child,” then it stands to reason that you would no longer have to pay child support. But how is this situation handled by New Jersey courts? If you have questions and concerns about child support, it is always a smart move to connect with a qualified child support attorney. These legal professionals can answer all of your questions and guide you through this process. Until then, let’s explore this question in a little more depth…

Understanding Emancipation

Child support payments cease when the child becomes emancipated. So, when does emancipation occur in the state of New Jersey? If you thought that a child reaches the legal age of adulthood at the age of 18, you might want to think again. New Jersey handles emancipation very differently compared to most states, and there is no specific age for emancipation.

Do I Have to Pay for College Tuition?

Because there is no specific age for emancipation in the state of New Jersey, you could theoretically continue to pay for your child’s college expenses long into postgraduate study. The New Jersey Supreme Court has established that non-custodial parents are responsible for expenses involving “necessary education” after the child graduates from high school. The term “necessary education” is intentionally vague, and it encompasses virtually any type of post-secondary study.

The Newburgh Factors

There are a number of factors that a judge takes into account when determining how much a parent should pay in financial support as their children attend college. These are known as the 12 Newburgh Factors. Here are some examples:

  • How much money can each parent realistically contribute to college tuition?
  • How much money is necessary for the children to attend the college of their choice?
  • Does the child have any financial resources of their own?
  • How committed is the child to their studies? What are their grades?
  • What kind of financial aid is available in the form of loans, grants, scholarships, etc.?
  • How much money can the student realistically earn while on break?
  • If the family never separated, then would the parent still have contributed to the child’s college expenses?

Get Legal Help Today

With the right child support attorney in New Jersey, you can avoid paying unnecessary expenses in college tuition. Remember, college tuition costs have skyrocketed in recent years, and this could bankrupt you. With the help of a legal expert, you can make sure that you are paying a realistic and fair amount in college expenses for your child. Reach out to Giro, LLP, Attorneys at Law today, and receive the legal assistance you deserve.


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