Divorce does not always end a parent’s financial duties to a child. In New Jersey, those duties may continue after high school if a child goes to college or attends another type of higher education.
For divorced parents, questions about tuition, housing and other school costs can lead to disputes. These issues can become harder when the divorce agreement does not clearly explain which parent will pay for each expense.
Courts view higher education as a necessity
Unlike many states where a parent’s duty ends when a child turns 18, New Jersey law treats higher education as a basic necessity. Courts look at several factors, called the Newburgh factors, when deciding how parents should share these costs:
- The financial resources and household income of each parent
- The child’s aptitude, academic goals and commitment to higher education
- The availability of financial aid, grants and merit scholarships
- The child’s own financial assets and earning capacity through summer jobs
Looking at these factors can help set a fair share for each parent. The goal is to base the amount on each parent’s actual ability to pay rather than guesswork.
These court factors can also be hard to weigh with New Jersey’s child support rules. Working with an experienced family law attorney can help explain how these rules may apply and support a fair agreement between the parents.
What college expenses actually include
College costs can include much more than the tuition listed on a school bill. Parents may also disagree about other costs when their divorce agreement does not list the expenses that each parent must cover:
- Mandatory fees: Tuition, room, board and campus meal plans
- Learning materials: Textbooks, specialized lab equipment and required software programs
- Living essentials: Dorm supplies, monthly transportation and health insurance coverage
Listing these costs in the divorce agreement can help limit disputes later. Clear terms can also give both parents a better idea of what they may need to pay when each school term begins.
Securing your child’s financial future
Establishing clear boundaries for university costs early protects your child’s educational goals and your own long-term financial health. Drafting precise language within your agreement after separation provides clarity, reduces future courtroom disputes and ensures both parents support their child’s academic journey smoothly.
