Who Has to Pay the Kids’ College Tuition After a Divorce?

When parents divorce, the question of who is responsible for the children's college tuition can be difficult to answer and is largely dependent on state laws and the specifics of the divorce agreement. Some states have provisions that can require divorced parents to contribute to their child's higher education costs, while in others, the obligation to pay for college is not mandated by law.  

Instead, it often becomes a matter that's negotiated and outlined in the divorce settlement. It is crucial for divorcing parents to discuss and come to an understanding about college expenses to avoid future conflicts. Legal counsel can provide guidance tailored to the laws of the resident state and the family's unique circumstances. 

As an attorney practicing in Somerset County, New Jersey, I often encounter clients with questions about the financial responsibilities of divorced parents. Although the answer isn't always straightforward, you can trust that I'm here to help. 

When Does Child Support Stop in New Jersey?

In New Jersey, child support generally ends when the child turns 19 unless the court orders otherwise. However, it can extend until the child reaches 23 if they're still in high school, enrolled in full-time post-secondary education, or have a physical or mental disability. The court may also consider the cost of post-secondary education in determining child support. 

Legal Considerations 

During divorce proceedings, both parties should consider the future costs of their children's education. Depending on several factors, divorced parents may be required to contribute to their child's college expenses. These factors include the financial capacity of each parent, the child's aptitude and desire for higher education, and the availability of financial aid. 

However, many people mistakenly believe that child support automatically includes college expenses. In New Jersey, college costs are considered separately from regular child support payments. And it's not always the case that the custodial parent pays for college. Both parents may be required to contribute, depending on their financial situation. 

Types of College Expenses Covered

The question of "who pays?" isn't just about tuition. It extends to room and board, textbooks, supplies, and transportation costs. Typically, the responsibility for these costs is outlined in the divorce agreement. Tuition is often the most significant expense, but don't overlook other costs, which can also add up quickly. 

Factors Influencing Parental Responsibility

Several factors can influence who ends up shouldering the cost of college. The financial capability of each parent post-divorce plays a significant role. Additionally, the child's academic performance, special needs, scholarships, and the provisions in the divorce decree or settlement agreement regarding college expenses can all impact the final decision. Even verbal or written agreements between parents during the divorce process can be taken into account. 

Other Common Misconceptions About Child Support

Many people believe that child support automatically includes college expenses, but this isn't always the case. College costs are considered separately from regular child support payments in New Jersey. Another misconception is that the custodial parent always pays for college. The truth is that both parents may be required to contribute, depending on their financial situation. 

Alternatives to Parental Payment 

While parents often feel the burden of college costs, there are alternative avenues for financing. The child might be eligible for financial aid options such as scholarships, grants, and student loans. A part-time job or savings could also contribute to their education expenses. In some cases, parents and children agree on a repayment plan post-graduation. 

Communication and Collaboration

Regardless of who ends up paying, it's crucial to maintain open lines of communication regarding college finances. Regular discussions and joint planning can help ensure everyone's on the same page.

If needed, don't hesitate to seek professional guidance from lawyers, mediators, or financial advisors. They can provide valuable advice and help you with this issue. 

Your attorney can:  

• provide invaluable assistance by helping to strategically negotiate and draft a comprehensive divorce settlement that addresses college expenses 

• offer insights on how to anticipate and resolve potential disputes about educational costs, thanks to their deep understanding of the law 

• propose clear language for the agreement that stipulates each parent's financial responsibilities, deadlines for contributions, and the types of college expenses to be shared 

• advise on how to incorporate provisions for changes in financial circumstances, ensuring that the agreement remains fair and feasible for both parents over time.  

While determining who should pay for college after a divorce can be complicated, understanding your legal obligations, exploring all options, and maintaining open and respectful communication can make the process smoother. Remember, it's not just about who pays, but also about ensuring your child has the support they need to pursue their educational goals.

Reach Out for Assistance

As an attorney serving clients throughout Somerset County, including Basking Ridge, Warren, Somerville, and Bedminster, I am here for you. Get in touch with my firm, Gary Blaustein, Esq, today for support.