Do parents have to contribute to their children’s college expenses?

In New Jersey, children are not automatically emancipated when they turn 18.  In most cases, children who are pursuing an undergraduate degree are not emancipated and are entitled to child support.  Children attending college may also be entitled to college contribution from their parents to their educational expenses.  In the seminal case of Newburgh v. Arrigo, 88 N.J. 529 (1982) our Supreme Court set forth factors the Court must consider to determine whether it is appropriate to expect parents to contribute to their children’s college education.  The New Jersey Supreme Court stated that the analysis of this question turns on the following factors:

(1) whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;

(2) the effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education;

(3) the amount of the contribution sought by the child for the cost of higher education;

(4) the ability of the parent to pay that cost;

(5) the relationship of the requested contribution to the kind of school or course of study sought by the child;

(6) the financial resources of both parents;

(7) the commitment to and aptitude of the child for the requested education;

(8) the financial resources of the child, including assets owned individually or held in custodianship or trust;

(9) the ability of the child to earn income during the school year or on vacation;

(10) the availability of financial aid in the form of college grants and loans;

(11) the child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and

(12) the relationship of the education requested to any prior training and to the overall long-range goals of the child.

It is also important to note that only some of the factors relate to the parties’ finances.  Other factors relate to the goals of the parent/child; their relationship; the type of education in view of the special needs, interest, and commitment of the child.  As such, Courts have held that when a parent is unapprised of the child’s college selection, their goals, and their grades and other information related to their attendance at school, their obligation may be significantly reduced or forgone entirely.  If you wish to seek a college contribution from the other parent, make sure that the lines of communication regarding the child’s college education are open. 

Since Newburgh was decided, there has been decades of further caselaw which built upon this framework and explored the relevance of certain factors such as the relationship between the parent and child.  Despite this, there are still important questions that have not been definitively answered by our Courts, such as: how much student loan debt a child should take out, how to factor in the need for parents to potentially provide an education for younger siblings, and the treatment of college savings set aside by separate sides of the family.  The caselaw that has been developed also expressly prevents our Courts from setting caps on parents’ contribution based on the cost to attend an in-state University – however, if both parents enter into such an agreement such a cap would is enforceable.  For these reasons, it is important to have experienced and knowledgeable attorneys in your corner explaining your options and helping you weigh the cost and benefits of litigation.  College can be one of the most expensive items incurred by a parent, and divorcing couples want to ensure their divorce agreement addresses this issue fairly and comprehensively. The attorneys at Maleski, Eisenhut & Zielinski LLC understand the nuances of this issue and can help ensure the issue is addressed fairly to protect you and the rights of your children to receive adequate support.