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Common Questions About Child Support in a High Net Worth Divorce

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High-net-worth divorces, typically defined as households with liquid assets exceeding $1 million, face a unique set of financial challenges.

For starters, they have more assets, properties, and complex business holdings on the family balance sheet—and the more holdings, the more there is to divide. While every New Jersey divorce requires an equitable distribution of assets, the math is just a little more complicated for high-net-worth couples.

Child support is no different. Below are some frequently asked questions about child support and how it is calculated for high-net-worth couples divorcing in New Jersey.

How is child support determined in New Jersey?

In New Jersey, child support payments are determined by the NJ Child Support Guidelines for families with a combined after-tax income of between $8,840 per year and $187,200 per year. When incomes fall outside of this range, the guidelines no longer apply. These scenarios require creative solutions, because there is no governing structure to guide the process. Families are expected to figure it out on their own, or let a judge decide.

Does the court have to be involved in child support disputes?

Not necessarily. Child support can be determined through mediation or negotiation, which are often preferable to litigation. These alternative methods give parents more flexibility, privacy, and control over the decision-making process (rather than risking the opinion of a judge).

How do the courts determine child support for couples who fall outside the NJ guidelines?

The court is prohibited from extrapolating the NJ Child Support Guidelines, which means judges are not supposed to apply the guidelines to cases that don’t fit the criteria. However, families trying to negotiate outside of court will often start with a Guidelines analysis as an unofficial starting point, then adjust the payment amount based on the child’s needs.

After reviewing the Case Information Statements, both parties will examine how money is allocated within the family. In other words, who is currently paying for what? If both parties can’t agree on what money is going where, they might have to hire a forensic accountant to conduct a “lifestyle analysis,” which will show how the family has spent money in the past.

Child support is determined more by lifestyle and income than assets. For example, let’s say you have two families:

Family A: Has income above the NJ Child Support Guidelines, $3 million in assets, a $700,000 house, lives a relatively frugal lifestyle, and takes one annual family vacation

Family B: Has income above the NJ Child Support Guidelines, $3 million in assets, a $1.5 million house, buys new clothes for the child every season, and takes four family vacations each year, which include first class plane tickets and five-star hotels

Even though both families have the same total assets, Family B could have a higher child support payment than Family A.

What if my child is attending college?

College tuition is not considered a need equivalent to food or shelter, but New Jersey family courts do generally expect parents to contribute toward a child’s college education. A judge will determine who pays what college costs based on a number of factors, including a set of 12 criteria established in the landmark Newburgh v. Arrigo case.

Families negotiating outside of court will often start with a Guidelines analysis as an unofficial starting point, then adjust the payment amount based on the child’s needs, lifestyle, and current financial dynamic within the family.

Parents need to consider the child’s cost of living already provided through room, board, and tuition. Does the child have a job? Are parents still paying for the child’s clothes, cell phone, food, and other expenses associated with recreational activities?

Cost of living can also vary widely based on the location of the college campus. It would take more money to support a child attending school in Manhattan than it would to support a child attending school in central Pennsylvania.

Find a Lawyer in Morris County and Bergen County for High Net Worth Divorce

Without the structure of the New Jersey Child Support Guidelines, determining child support payments can be subjective—and therefore unpredictable. The family lawyers at Arons & Solomon can help you create a divorce settlement that will protect your personal wealth and the best interests of your children.

Our services include:

  • Demanding full financial disclosure from opposing parties
  • Disputes over individual vs. marital property
  • Working with financial experts to analyze financial records and identify assets, including: retirement accounts, investments, real estate, business ownership interests and other high-value property subject to equitable distribution
  • Scheduling appraisals for high-value possessions
  • Collaborating with forensic accountants and private investigators to expose the truth regarding hidden assets, employability, and business valuations
  • Generating creative options for settlement
  • Referrals to Certified Financial Planners® (CFP) to achieve long-term financial security

How Depression Will Impact Your Divorce Settlement in New Jersey

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Depression affects millions of Americans each year. If left untreated, it can lead to the breakdown of relationships, including marriages.

Depression–and the unwillingness to treat it–can play a major role in a couple’s decision to get a divorce. However, it won’t likely affect the divorce settlement itself unless the couple have children and it can be proven the behavior of the depressed parent is dangerous or otherwise inconsistent with the best interest of the child.

If both parents cannot agree on a custody and visitation agreement, a judge will decide for them. The judge will make decisions on a case-by-case basis, and may request a custody expert conduct evaluations of both parents and the children.

Defining the “Best Interest of the Child” in New Jersey

The “best interest of the child” refers to the child’s physical, mental, and emotional well-being. Unless proven otherwise, it is assumed by the court that children benefit from having both parents play an active role in their lives.

According to N.J.S.A. 9:2-4, New Jersey courts will consider several factors when determining the best interest of the child, including:

  • Age and number of children in each home
  • Both parents’ ability to agree, communicate and cooperate in matters relating to the child, existing custody arrangement, and/or parenting time
  • Extent -and quality- of time spent by both parents with the child before and after separation
  • Fitness of both parents
  • General proximity of the parents’ homes
  • Location of the child’s school
  • Preference of the child, if age appropriate
  • Preserving healthy sibling and parent-child relationships
  • Special needs of the child, if applicable
  • Stability of the home environment
  • The immediate physical safety of the child (and other parent), along with any history of domestic violence in the household
  • Work hours and responsibilities of each parent
  • Any other issues the court deems relevant

New Jersey courts will always prioritize the best interest of the child over all other factors, including the wishes of both parents and grandparents. If untreated depression negatively affects one or more of the criteria listed above, it could have an impact on the custody arrangement.

What if the Depression Worsens During Divorce?

Divorce is a highly upsetting time. It’s common for parents to experience high levels of anxiety and sadness. It can be especially triggering for those already suffering from clinical depression.

A depression diagnosis on its own is highly unlikely to influence a divorce settlement or custody arrangement, especially if the person with the diagnosis is seeking treatment. However, a custody arrangement can be re-evaluated if it is believed an untreated condition is interfering with the safety or best interest of the child.

There would have to be a substantial change in circumstances for a custody modification to happen, and it would have to be demonstrated with proof. The parent requesting the modification must also prove the new circumstances are inconsistent with the best interest of the child.

Hire a New Jersey Family Law Attorney

Arons & Solomon is dedicated exclusively to family law. Our attorneys work with clients in New Jersey and New York to make sure children stay connected with loving parents, and protected from environments of danger and neglect. If you are looking to negotiate or litigate a custody agreement, or modify an existing custody agreement, we can help.

Can My Ex Stop Me from Taking My Kids on Vacation?

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Divorce is a major life transition that requires each member of the family to settle into a new routine and find their new normal. This includes standard daily activities, but it also includes special occasions, like holidays and vacations.

If you are divorced and looking to treat your children to a vacation, you must make sure it does not violate the custody agreement/parenting plan beforehand. All vacation plans should be discussed in advance with the other parent if they might disrupt the parenting time schedule that is in place.

If you fail to do so, you could be slapped with an Order to Show Cause alleging you have violated the other parent’s rights—or worse, charged with parental kidnapping. The rules surrounding custody and parenting time are different in each state. If you are divorced in New Jersey and trying to plan a vacation with your children, here’s what you need to know.

Custody Agreements and Vacation

A New Jersey Superior Court case ruled in 2015 that vacations are excellent opportunities for parents to bond with their children, and the ability to travel together and make memories is an important part of childhood and the parent-child relationship. In most cases, both parents are encouraged to enjoy “reasonable vacation time” with their children throughout the year.

Most custody agreements and parenting plans will have a clause (or clauses) dealing with vacation periods. You should explicitly discuss the language you wish to include regarding vacations with your attorney. That language should say whether you are allowed to travel with your children, when, how far, and for how long.

If no such language exists in your custody agreement or parenting plan, a parent is generally allowed to travel with his/her children for as long as they have custody. For example, if a parent without primary custody is allowed to keep the kids for three days at a time, he or she is free to use those days for travel, as long as the children are returned on time to the primary parent.

If both parents agree in advance to a longer vacation, custody can be temporarily extended. Failing such an agreement, one parent can file a Motion or Order to Show Cause with the court, seeking extended time with the children to allow for a longer vacation.

Stopping a Vacation

Your ex-spouse is never legally permitted to disrupt the custody and parenting time without your consent. But that doesn’t mean some ex-spouses won’t try to take children on vacation anyway without your consent.

In some cases, a parent might be worried the children are at-risk for parental kidnapping or other potential harm. To protect the safety and best interest of the children, a parent can ask the court to temporarily revoke the children’s passports, temporarily ban interstate and international travel for the children, or request an emergency custody modification order to keep them home. Parents can also register children with the Children’s Passport Issuance Alert System to receive a notification if someone tries to apply for a passport for the child.

Meet with a Family Law Attorney in New Jersey

New Jersey family courts typically consider a vacation to be a productive and healthy activity for children. Whether you are trying to get approval for a vacation or stop a vacation from happening, you will need to clearly articulate why doing so would be in the “best interest of the child.”

The family law attorneys at Arons & Solomon have decades of experience in resolving custody disputes and helping parents modify existing custody arrangements. Contact us today for a free consultation on your parental rights and custody options.

How Postpartum Depression Will Impact Your Divorce Settlement in New Jersey

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According to recent studies, one in seven mothers may experience postpartum depression (PPD) within a year of giving birth. In reality, these numbers may be even higher when considering PPD is notoriously underreported and underdiagnosed.

Like several other mental health conditions, the symptoms of PPD can cause tension and conflict in a marriage. They can lead to divorce if left untreated.

The national conversation surrounding mental health has begun to chip away at the social stigma surrounding PPD. However, we have all read the horror stories of mothers who have the courage to seek help, only to get a knock on the door from the police or child protective services.

If you are pursuing a divorce in New Jersey and have concerns your spouse will attempt to weaponize a PPD diagnosis in a divorce or custody dispute, here’s what you need to know.

Will the Court Take My Children Away Because I Have Postpartum Depression?

Postpartum depression is a legitimate mental health condition affecting millions of women worldwide and is completely treatable. Taking antidepressants or seeking therapy for PPD will not hurt your custody case. In fact, the opposite is true.

The courts look favorably on parents who take the initiative to seek treatment for all types of depression before symptoms worsen and negatively impact their ability to parent. It is highly unlikely a parent would lose custody or parenting time with children because they are seeking treatment for PPD.

However, if a parent suffering from PPD refuses to seek treatment, and untreated symptoms begin to worsen or develop into postpartum psychosis or an otherwise dangerous mood disorder, the court will likely intervene to protect the safety and well-being of the children.

Definition of an “Unfit Parent” in New Jersey

Parents can be deemed “unfit” by the courts if their behavior is proven to be detrimental or dangerous to the child. This can include acts of abuse, neglect, cruelty, substance abuse, incarceration, severe mental illness, domestic violence, and poor judgement, among others.

The courts will factor a PPD diagnosis in its decision only if untreated PPD symptoms have contributed toward a home environment of abuse, neglect, or otherwise dangerous conditions.

If a parent is unwilling to seek treatment for PPD and symptoms are interfering with their ability to parent, the court may limit parenting time or require visitation to be supervised by a professional appointed by the court (or a person designated by the custodial parent).

Postpartum Depression in Men

Fathers can also suffer from postpartum depression. According to a study conducted by Eastern Virginia Medical School, 25 percent of U.S. men showed signs of postpartum depression within the first six months of the child’s birth.

Paternal postpartum depression can manifest the same symptoms and cause the same negative effects on children and relationships as postpartum depression for mothers. If left untreated, the court may factor any negative behaviors resulting from paternal postpartum depression into the custody and visitation arrangement.

Hire a New Jersey Divorce Attorney

The family lawyers at Arons & Solomon can help you protect your relationship with your children while promoting the safety and well-being of your family. If you are concerned your spouse will attempt to exploit a PPD diagnosis in a divorce or custody dispute, we can help.

Does Child Support End if I Get Remarried in New Jersey?

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Child support is a court-ordered measure to ensure both parents continue to financially support their children after divorce. The right to child support belongs to the child, not to the parent.

Child support payments can be used to fund the child’s food, shelter, clothing, transportation, education, medical costs, and some extracurricular activities. It can also be used to fund other expenses associated with these categories. (For example: Shelter doesn’t just include rent, it can also include utilities and telephone bills.)

Child support does not include college tuition unless negotiated separately in the divorce settlement agreement.

The amount of child support owed is usually determined by the New Jersey Child Support Guidelines unless your income falls outside of the guideline range or an alternative agreement has been negotiated that better meets the needs of the child.

How is Child Support Determined?

There are many factors that dictate the structure of a child support obligation:

  • The net income of both parents
  • Age of the children
  • Number of children
  • Distribution of overnight parenting time
  • Alimony and child support payments from prior marriages
  • Earning potential of both parents
  • The child’s special needs or uninsured medical requirements, if applicable

What is absent from this list? The remarriage of one or both parents.

Child Support is Different from Alimony

Alimony payments can be terminated when the recipient decides to remarry or cohabitate with someone else. Child support works differently.

Children from the first marriage are entitled to continue the same financial lifestyle they experienced when the marriage was intact. They have a right to the economic support of both parents regardless of the marital status of both parents.

For this reason, a parent’s decision to remarry–on its own–will have no effect on the child support arrangement. However, a modification of child support payments could be requested on the basis of a significant change in the financial circumstances and/or earning capacity of the noncustodial parent.

Another potential change in economic circumstances is the birth of another child.

The “Other Dependent Deduction”

If a noncustodial parent decides to have more children in a second marriage, it could impact the child support arrangement from the first marriage. According to the New Jersey Child Support Guidelines, a child support order can be adjusted based on the arrival of a new legal dependent (aka. a new child).

This would require a formal application to the Court to revise child support based on a change of circumstances—a new child. You and your new spouse would be required to produce your income and financial records in order to determine what sum should be credited for support of the new child and deducted from the calculation for the support of the children from the prior marriage. That sum is called the “Other Dependent Deduction.”

The “Other Dependent Deduction” embodies the concept that each adopted or biological child of a parent is entitled to a portion of that parent’s income. According to the New Jersey Rules of Court Appendix 10-A, the following principles apply when considering a child support adjustment based on this factor:

  1. Where there is not an order requiring either parent to pay support for the other dependent this adjustment shall be used only if the income, if any, of the other parent of the secondary family is provided to or ascertainable by the court;
  2. Where there is not an order requiring either parent to pay support for the other dependent, if the other parent in the secondary family is voluntarily unemployed or underemployed, the court shall impute income to that person to determine the serial family parent’s obligation to the children in the secondary family;
  3. This adjustment may be applied to other dependents born before or after the child for whom support is being determined;
  4. This adjustment may be requested by either or both parents (custodial and/or non-custodial); and
  5. The adjustment may be applied when the initial award is entered or during subsequent modifications of the support order.

Hire a New Jersey Family Lawyer

Many factors determine the amount and duration of child support payments. The court’s decision to modify an existing arrangement can vary widely on a case-by-case basis.

If you are divorced and considering a major life change–such as moving in with someone or getting remarried–you should seek the advice of a family lawyer before acting.

The decisions you make can impact your divorce settlement or custody arrangement whether you are aware of them or not. Play it safe and consult with one of the family law attorneys at Arons & Solomon, P.A.  

Child Emancipation and Child Support in New Jersey

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Many people assume parental rights and responsibilities–including child support–will end automatically when a child turns 18 years of age. While this is true in many states, it is not true in New Jersey. Here’s what you need to know.

What is Emancipation?

Emancipation is the legal term for when a child is no longer the legal responsibility of his or her parents. Emancipated children are considered “adults” in the eyes of the court. Parents lose the right to make decisions on behalf of the child, but they are also excused from all financial support obligations–including child support.

In the Garden State, emancipation occurs at the discretion of the courts. In some cases, children may be emancipated before age 18. In other cases, children may continue receiving child support into their twenties (especially if they are attending college or grad school). In all emancipation cases, the court will review relevant facts and evidence to determine if the child remains “in the sphere of influence” of the parents.

Since emancipation is not traditionally an automatic process, how are separated or divorced parents supposed to know when to stop paying child support? Here are some good indicators that it might be a good time to consult a child support lawyer:

  • Your child is living outside the home
  • Your child is getting married
  • Your child is joining the armed forces
  • Your child has a full-time job
  • Your child graduated high school with no plans to attend college
  • Your child graduated college with no plans to attend graduate school

New Jersey’s 2017 Child Support Termination Law

In 2017, New Jersey law was modified to make the emancipation process slightly more automatic. The Termination of Child Support Statute went into effect Feb. 1, 2017, and specifies that child support payments automatically end when the child turns 19. Ending child support at age 19 does not require a separate court order.

There are many exceptions to this rule, and for parents whose child support is administered through a New Jersey Child Support Enforcement Probation unit, the custodial parent can still apply for an extension before the child turns 19. The statute may not apply if a different age or condition for the termination of support was specified in a previous court order or Judgment of Divorce.

Child support extension requests can continue until age 23. Under New Jersey law, child support will always end at age 23, no matter what. The parent or child may petition the court to convert the child support to another form of financial maintenance or financial support for a child that has reached the age of 23. This order, should it be granted, would not be considered child support and is not enforced or managed through a Probation unit.

Always Seek Legal Counsel

The Child Support Termination Statute seems to provide more clarity on the issue of child support on paper, but implementation of the law is still young. It remains to be seen how the courts will interpret the text or operate within the new legal framework.

In the meantime, it’s best not to make assumptions about your child support payment timeline and be prepared to take the whole family’s personal and financial situation into account when seeking a court order.

A family lawyer can help you assign an “expiration date” to your child support agreement by including a provision that explicitly states all financial support ends at a stated age or condition. This can take the form of a specific date–such as the child’s 18th birthday–or a life event like marriage that might indicate financial independence.

If you cannot settle on a child support agreement, the court will create one for you. Each case is highly individual and will be judged on several factors. If you can negotiate an agreement outside of the courtroom, you should.

Don’t leave your fate in the hands of a judge. Our family law attorneys can help you protect the best interest of your child while preserving your personal financial health.

College Tuition and Child Support in New Jersey (Part 4 of 4)

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This is the final post of a four-part series. To read the first article, click here.

Are Divorced Parents Responsible for Paying Grad School and Professional School Tuition?

A noncustodial parent’s obligation to pay for a child’s graduate school degree continues to be a very murky area in New Jersey family law. Not many cases provide legal precedent on the issue.

However, divorced parents have been ordered by the court to make financial contributions toward a child’s graduate education in New Jersey. A ruling on graduate school support would depend heavily on the individual facts of the case. The court would likely take the following criteria into consideration:  

  • Whether the child is emancipated
  • Whether the child has a job
  • The age of the child
  • The 12 factors of the Newburgh v. Arrigo case

While the Newburgh factors would be considered, the burden of proof angles in the opposite direction for graduate school cases.

For undergraduate college, the burden of proof is on the defendant (aka. the noncustodial parent) to prove it would be unfair and unnecessary to make tuition contributions.

In the case of graduate school, the burden of proof is on the seeker of support to prove there are exceptional circumstances requiring the defendant to help pay for the degree.

The New Jersey family court system typically believes college graduates are more independent and self-sufficient. A college degree should make it easier to obtain full-time employment while earning the graduate degree part-time on nights, weekends, or online. College graduates are also more capable to apply for financial aid and loans.

If a judge did decide to rule in favor of the support seeker, it would be considered a form of financial support entirely separate from child support.

Be Aware: New Jersey Child Support Rules Changed in 2017

As of February 2017, noncustodial parents are excused from paying child support after the child turns 23 years of age (N.J.S.A. 2A:17-56.67). Child support payments could terminate as early as age 19, though the courts will often order extensions to age 23 for full-time college students. There are few exceptions to this rule.

It Pays to Plan for College Funding

Divorced parents are not held to the same legal and financial expectations as married parents. It’s not fair, but it is the reality of the situation. To avoid battling it out with your ex-spouse (or children) in court, your final judgement of divorce should include a plan for college funding.

College funding agreements can be negotiated outside of court using an arbitration, mediation, or collaborative approach. This saves both parties time and money.

It also preserves family relationships. When parents and children have a written agreement outlining the financial responsibilities of each party, they have the structure of the agreement to guide their behavior during moments of disagreement.

Arons & Solomon can help you make a college funding agreement that gives all members of your family peace of mind.

College Tuition and Child Support in New Jersey (Part 3 of 4)

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This is part three of a four-part series. To read the first article, click here.

The Case that May Excuse Divorced Parents from Paying College Tuition

A New Jersey parent might wonder: is there any scenario where a noncustodial parent can be excused from making college contributions? There is one case that might be used to argue against mandatory college tuition assistance.

Gac v. Gac

The Gac v. Gac (2006) case delivered a momentous decision that noncustodial parents do not always have to contribute toward college costs.

The case involved a daughter estranged from her father (the noncustodial parent), despite his one-sided attempts to maintain the relationship. The family dynamic was complicated and involved a history of abusive conduct on the part of the father.

The daughter did not consult him before selecting Quinnipiac College, an expensive private school that far exceeded the cost of Rutgers. The daughter indicated on her financial aid applications that her father was “not a part of her life, he was not assisting her in financing her college education, and his whereabouts were unknown.”

The court took the following facts into consideration:

  • Defendant was excluded from participating in decisions pertaining to his daughter’s college education
  • Plaintiff and daughter chose a relatively expensive private college rather than available New Jersey or Vermont institutions
  • Daughter did not seek summer employment during several of the years she attended college
  • There may have been additional grants available that would have defrayed a portion of the daughter’s college expenses
  • Plaintiff did not seek reimbursement of the daughter’s student loans during the years these obligations were incurred, thus possibly impairing defendant’s ability to make sound financial judgments

The court ruled the father did not have to pay college costs. The rationale was based on the timing of the motion, not the deterioration of the father/daughter relationship. 

The child’s mother did not file a motion for college expense contributions until the daughter had already graduated. There is a possibility the father would have been mandated to pay college expenses if the motion had been filed earlier.    

According to the ruling:

“… if Alyssa wanted financial assistance from her father, she could have made the request before she incurred her college expenses. Neither plaintiff nor Alyssa made such a request until after defendant sought to terminate child support, and Alyssa had graduated from college.

The failure of both plaintiff and Alyssa to request that defendant assist in paying Alyssa’s educational expenses at a time that would have enabled defendant to participate in Alyssa’s educational decision as well as to plan for his own financial future weighs heavily against ordering him to contribute to her educational expenses after her education was completed.”

College Financial Obligations Are Determined Case-By-Case in New Jersey

In each of these case law examples, the judge depended heavily on the individual facts of the case. For this reason, tuition support decisions can vary widely in New Jersey. The ground is constantly shifting under the issue’s legal precedent.

All parents getting a divorce must include language in their final judgement or property settlement agreement that outlines the responsibility of each parent to fund their children’s college education. If you do not consult a divorce attorney to get this done correctly, it could cost you big money in the long run.

Are Divorced Parents Responsible for Paying Grad School and Professional School Tuition?

Great question. We answer this question in the final post of our four-part series on tuition and child support in New Jersey.

You can read it here.    

College Tuition and Child Support in New Jersey (Part 2 of 4)

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This is part two of a four-part series. To read the first article, click here.

The Newburgh v. Arrigo (1982) case remains the foundation of child support and college tuition case law in New Jersey. The New Jersey Supreme Court ruled that divorced parents have a legal responsibility to pay for a child’s college education to the best of their financial ability, even though married parents are not held to the same standard.

According to the ruling:

“In general, financially capable parents should contribute to the higher education of children who are qualified students. In appropriate circumstances, parental responsibility includes the duty to assure children of a college and even of a postgraduate education such as law school.”

The ruling established 12 criteria to determine the financial obligations of each parent (which you can read in our previous post).  

However, many other cases have shaped the debate surrounding college tuition and child support in New Jersey. Below are a few of the must-know cases since Newburgh v. Arrigo.   

Finger v. Zenn

The Finger v. Zenn (2000) case overturned the “Rutgers Rule” established by Nebel v. Nebel, which ruled that mandatory college contributions should not exceed the cost of a state school like Rutgers. In other words, if a child decided to attend a private college or university with significantly higher tuition prices, the Rutgers Rule protected parents from paying those excessive costs.

In Finger v. Zenn, the mother (aka the custodial parent) filed a motion to compel her ex-husband to pay 50 percent of their son’s college education costs at George Washington University. On this point, the judge ruled in her favor.

It was discovered the father discussed college options with his son and encouraged him to apply to Lehigh, an expensive private university with tuition prices like GWU. This fact played a critical role in the decision.

According to the ruling:

“Nebel is factually distinguishable from this case because defendant’s income and assets are more than adequate for a fifty percent contribution at George Washington University, especially since he received a $25,000 equitable distribution credit for payment toward college. Moreover, to the extent that Nebel is read to hold that there is a ceiling on a college contribution by a divorced spouse to the cost of a state university or any public or private college, it is specifically disapproved.

… The parties to this appeal are indeed fortunate. Their sons have the aptitude for a college education. They share a good relationship with their sons. Their respective economic resources enable them to provide for their sons’ college education. It is self-evident that had this remained an intact family the parties would have given due consideration to a private college and would have given great weight to the fact that George Washington was David’s first choice.”

Black v. Black

Black v. Black (2015), an unpublished Appellate Division case, involved a divorced couple with three children. The children lived with their mother; the father was the noncustodial parent. In the years following the divorce, the oldest son became estranged from his father. Meanwhile, the father continued to have a relationship with his other two children.

The parents agreed to share the cost of college in their divorce settlement, with no specific amounts listed. But when the oldest son decided to go to Rutgers (and later to University of Miami for his sophomore year), the father did not want to pay since they no longer had a father/son relationship.

The court determined three things:

  1. If the parent/child relationship is severed, the court may include joint counseling as a condition of receiving tuition money from that parent (unless there is a compelling reason to keep the parent and child physically separated, such as a history of abuse).
  2. Regardless of what school a student personally wishes to attend (private or state), no parent should be expected to contribute more than he or she can reasonably afford.
  3. When the student has younger siblings, who are closely approaching college age and likely to attend college, their anticipated financial needs must also be taken into consideration. Financial resources cannot be exhausted on the oldest child at the expense of the others. The best interests of all children in the family must be considered.

For these reasons, combined with the specific economic limitations of each parent, the court ruled the parents must contribute “a limited, combined total of $7500 per year, allocated between three college savings plans to be established and specifically earmarked for all three children’s potential college costs.”

The father’s obligation was higher than the mother’s obligation, 55% to 45%, respectively. The arrangement gave each child a $20,000 parental contribution toward college. 

After reviewing these cases, a New Jersey parent might wonder: is there any scenario where a noncustodial parent can be excused from making college contributions?

Actually, there is.

Read Next: The Game-Changing Case that May Excuse Divorced Parents from Paying College Tuition

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