Toms River Divorce Lawyer for College Expenses

Who pays for your children’s college costs after divorce? Child support is a difficult enough topic for divorcing couples, and becomes even more challenging when the children are heading to college.

Experienced divorce lawyer Sonya K. Zeigler, Esq. at Zeigler Law Group, LLC helps clients navigate child support and higher education costs so you can focus on your child’s future.

Does Child Support Expire in New Jersey?

Under New Jersey law, child support technically expires at age 19. However, support can be extended through the age of 23 if the child is enrolled full-time in a college, university, vocational school, or another approved post-secondary education program.

Extended child support is not automatic and must be formally requested before the child turns 19. The court will evaluate whether continued financial support is appropriate based on the family’s circumstances, even if a child is already in college at the time.

If an extension is approved, the support order may be adjusted to reflect changes in living arrangements, school costs, or the child’s own ability to contribute financially. Depending on the circumstances, the court may order payments directly to the child rather than the custodial parent, especially if the child lives on campus or independently.

How Should I Request a Child Support Extension for College Costs?

If your child is nearing age 19 and plans to attend college, it is important to start early and request an extension from the court before the current child support order ends. To begin, you should file a continuation request and include the following documents and information:

• Proof of your child’s full-time enrollment in a college, university, or vocational program.
• Copy of the academic year calendar or class schedule.
• Statement confirming the child’s continued financial dependence on the other parent.

The court will review the request and decide whether to extend child support for college expenses. During the process, the court may ask for additional documentation or schedule a hearing to get a better understanding of each parent’s financial circumstances and your child’s needs during college. If the extension is granted, support may continue until your child turns 23, graduates, or becomes financially independent, whichever comes first.

How Do New Jersey Courts Determine Which Parent Pays College Costs?

New Jersey typically considers college expenses a form of child support, and courts can require one or both parents to cover the costs. The courts use a specific set of criteria to determine which parent pays college tuition, based on the following factors:

• Financial resources of both parents.
• College costs, including tuition, housing, and fees.
• Child’s commitment to a college education.
• Potential contributions of the parents had the divorce not occurred.
• Availability of scholarships, grants, or student loans.
• Child’s ability to work during school or breaks.
• Child’s relationship with the parent paying for college.
• Effect of paying parent’s values, background, and goals about college on the child.

Keep in mind that if your child takes a gap year after high school or withdraws from college, that change can affect extended child support and tuition costs. When granting extended support for college costs, New Jersey courts generally expect the child to be actively enrolled and progressing toward a degree as a full-time student. If your child stops attending school full-time, your co-parent’s obligation to continue support may be reduced or end altogether.

How Do New Jersey Courts Determine the Parents’ Ability to Pay for College Tuition?

In addition to determining which parent – or both – pays for college expenses, New Jersey courts must also determine whether or not both parents are financially able to pay at all after a divorce. All assets, not just income, of both parents are considered when deciding how college costs should be shared, such as:

• Bank accounts
• Brokerage accounts
• Business interests
• Equity in a home and other real estate
• Life insurance cash value
• Retirement funds
• Savings bonds

In order for the court to make a fair decision, it needs to be based on the full financial picture. If one parent claims they cannot afford to contribute, but makes large purchases, such as luxury vehicles and real estate, or takes frequent vacations, the court may question their claims. It is important to shed light on such situations, which typically play a major role in the decision about a parent’s true ability to pay and who will pay for college tuition.

Should We Agree to Split College Costs After Divorce?

You can avoid the court being involved in extended child support decisions for college expenses by forming an agreement with your spouse about how college tuition will be split during the divorce process. For example, you might agree to pay for your child’s living and dining expenses while your co-parent pays tuition and fees. Or, you both might agree to split the entire cost evenly.

Either way, splitting college costs can be fairly negotiated if you and your former spouse can agree on prioritizing your children’s college education. Mediation can be a helpful tool for reaching an agreement. Mediation is an alternative negotiation method that allows both parties to openly discuss expectations, finances, and terms for paying for college with the help of a neutral third-party mediator. Mediation reduces conflict, is less expensive, and typically offers a solution that is more mutually agreeable to what both parents believe is best for their child.

Once an agreement is reached, it is essential to include it in the final divorce decree. A verbal promise or informal arrangement is not legally enforceable. Including the agreement in the court order ensures that each parent is held accountable for their share of college expenses and reduces the risk of future disputes. If one parent fails to follow through, the other can seek enforcement through the court’s assistance.

What if I Have Been Alienated from My Child?

Being alienated by your child is deeply painful, especially when you have made genuine efforts to remain involved in their life. Despite having cut ties, your child may still seek your help paying for college expenses.

New Jersey courts address alienation situations on a case-by-case basis and may give additional weight to the nature of the parent–child relationship. More specifically, whether your child made efforts to include you in any college planning or decisions. If a judge finds that the alienation was not caused by you or your actions, it could affect the outcome of requests for tuition contributions.

How Can a Toms River Divorce Lawyer Help Me?

Disputes over college tuition after divorce can quickly become emotional and legally complex. An experienced Toms River divorce lawyer who handles college expense matters can help you understand your rights, evaluate your financial obligations, and negotiate a fair outcome for your child’s educational future.

Whether seeking a tuition agreement during divorce, requesting a child support extension, or enforcing a court order, Sonya can guide you through the process of reaching a solution that balances financial responsibility with your child’s best interests.

Need a Toms River Divorce Lawyer for College Expense Matters? Contact Zeigler Law Group, LLC Today!

Many divorcing parents worry about paying for their children’s college education after divorce. New Jersey laws extend child support orders to include college expenses, but the extension is not automatic. If you need a Toms River divorce lawyer for college expense matters, contact Zeigler Law Group, LLC. Call 732-361-4827 or complete our online form to schedule a free consultation. Located in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, we serve clients in Ocean County, Monmouth County, Mercer County, and Burlington County.