How Do Divorced Parents Pay for College in New Jersey? Your Comprehensive Guide

Every parent hears it, from their closest relatives and friends and from well-meaning strangers, that brief sentence that can seem like either a blessing or a curse depending on the kind of day you’re having: “They grow up so fast.”

It’s a wise old adage to enjoy all the highs and lows of raising infants into toddlers, then tweens, and teens, because truly, childhood doesn’t last forever.  Ask the sleep-deprived parents of a newborn, they’ll say 18 years seems like an eternity, but parents who watch their firstborn pack for college are watching through sentimental tears.

The college years come more quickly than most of us think they will. Preparing for that important part of your child’s journey is important.  Add a divorce into the mix, and now the process gets complicated.  The good news is, it’s complicated, but not impossible. 

How do divorced parents pay for college? With guidance from New Jersey child support lawyers, you can navigate these challenges and develop a financial plan that will keep your child on course toward earning that college degree.

The Legal Obligation: Do Divorced Parents in NJ Have to Pay for College?

New Jersey courts have determined that parents who have the resources to contribute to a child’s college are obligated to pay for at least part of the expenses.  For divorced parents, the details of that obligation are spelled out in the settlement agreement as part of the divorce process.   

Although the NJ Child Support Guidelines – which determine child support payment amounts – do not mandate support for children attending college or apply to emancipated children, there may still be a child support order in place that specifies the responsibilities of each parent to financially contribute to a child’s post-secondary education, depending on their resources and the negotiated support agreement.

College Expenses and Your Marital Settlement Agreement

The financial resources of both parties are considered when creating the child support order – including how divorced parents pay for college – as part of the marital settlement agreement. Over time, however, a change in circumstances may also warrant modifications to that agreement down the road.

For example, a sudden loss of income due to unexpected unemployment may compel you to revisit the child support order that was in place when the divorce was finalized.  Unemployment can be a reason to modify child support, and often this can be achieved through negotiation.  If not, your divorce attorney can file a motion asking the court to adjust the amount of child support, including college expenses for your child. 

Likewise, a boost in income for your ex-spouse is something you should discuss with your divorce lawyer, as it may also warrant a modification that can benefit you financially.

The Connection Between Child Support and College Tuition in New Jersey

Under the New Jersey Child Support Guidelines, child support orders end when the child reaches the age of 19.  However, child support may continue if the child is under the age of 23 and enrolled full-time in high school, college, vocational school or graduate school.  Your child support order may also prescribe how the divorced parents pay for college, in the event that your child decides to pursue higher education.  The financial resources of both parents are considered when creating the support order and describing the obligations, so both parents are fairly contributing to your child’s tuition and other college-related expenses.

So, How Do Divorced Parents Pay for College?

All New Jersey students are encouraged to explore financial aid opportunities as part of their college search process. Students who are U.S. citizens and eligible non-citizens should complete the Free Application for Federal Student Aid (FAFSA) as early as possible during their final semester of high school, and no later than June 30. 

For students whose parents are divorced, the parent who provided more financial support during the previous 12 months is considered the contributor, according to Federal Student Aid guidelines.  That parent must provide their information on the application, along with consent and approval to have their federal tax information transferred directly from the IRS into the application form.

Once the application is processed, your child will be notified of their expected family contribution (EFC).  This is an estimate of the student’s and parents’ or guardians’ ability to pay for the college expenses for the upcoming academic year.  The FAFSA must be completed each year for students who want to continue their enrollment and receive aid for the following year.

In New Jersey, a student who is not a U.S. citizen or eligible non-citizen may still be eligible to apply for State aid through the New Jersey Alternative Financial Aid Application. 

Applying for available financial aid is an essential step in determining college affordability and how divorced parents pay for college.

Navigating College Expenses: How DeTorres & DeGeorge Can Help

So it still sounds like there’s some grey area in determining how divorced parents pay for college. The key to all of this is negotiation during the divorce process, or revisiting and modifying prior support agreements.  Then using the tools available to apply for eligible financial aid, you will be able to determine the approximate amount of your financial obligation for each year you have a child enrolled in college.  Child support lawyers at DeTorres & DeGeorge can help your family create a financial plan that will fit your needs and the needs of your college-bound child.

Have More Questions on How Do Divorced Parents Pay for College?

For additional questions related to college tuition and child support, contact DeTorres & DeGeorge Family Law Attorneys to schedule a consultation.  And remember, because they do “grow up so fast,” it’s never too early to start asking questions about how divorced parents pay for college.