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I live in NJ and my ex pays child support. However, my son

Customer Question
is now in college and...
I live in NJ and my ex pays child support. However, my son is now in college and there was never anything put in custody order in regards XXXXX XXXXX assisting with my sons college expenses. I do have the motion form to fill out. What can I ask the court for and how should I word my request? Any help would be much appreciated.
Thanks,
Amy
Submitted: 8 years ago.Category: Family Law
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Answered in 2 hours by:
11/1/2009
Family Lawyer: Dave Kennett, Lawyer replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27,689
Experience: 25 years experience as practicing attorney
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DearCustomer- You would have to file a motion to amend the child support order to include college expenses. Frankly I seriously doubt that the court is going to order additional money at this point in time since this was not part of the original agreement and is not generally a part of general child support. You certainly have a right to file the motion and you are going to state that there has been a change in circumstances and that child support should be increased to include college expenses.

 

Dave Kennett

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Customer reply replied 8 years ago
Relist: Inaccurate answer.
I think it might be an inaccurate answer. Because I believe the state of NJ does allow addition support/payments for college. When our original child support order was issued my son was 2 years old and they just did the minimum ( child support payments, visitation and insurance. When I called to have it revised they told me i needed to wait until he was enrolled in college.
Family Lawyer: RobertJDFL, Lawyer replied 8 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,065
Experience: Experienced in multiple areas of the law.
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Child support in New Jersey doesn't automatically end at age 18, but rather when the child is declared to be emancipated by the court.

 

The recent trend in New Jersey has been to require parents to pay for the college costs for their children. Therefore, if the child is attending college, then it is very unlikely that a court will grant an emancipation motion.

When a court makes a decision as to whether or not to require a parent to pay for a child's college education and related expenses, the court must consider the complete set of facts of each case. The court will analyze the following factors to assess if a parent should pay for a child's college costs; (1) the effect of the background, values, and goals of the parent on the reasonableness of the expectation of the child for higher education; (2) the amount of contribution sought by the child for the cost of the higher education; (3) the ability of the parent to pay that cost; (4) the relationship of the requested contribution to the kind of school or course of study sought by the child; (5) the financial resources of both parties; (6) the commitment to and aptitude of the child for the requested education; (7) the financial resources of the child, including assets held individually or in custodianship or trust; (8) the ability of the child to earn income during the school year or on vacation; (9) the availability of financial aid in the form of college grants; (10) the child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; (11) the relationship of education requested to any prior training and to the overall long range goals of the child.


The decision on whether or not a parent should pay for the college costs rests in the court's hand. However, there is a strong trend towards requiring parents, if they are financial capable, to pay for the college. In most cases, the courts will not require the payor to pay for college and for child support at the same time.

 

Essentially, in your motion you ask that the court not find your child to be emancipated because he will be attending school. Note that you will incur expenses for your son's education and therefore have a continuing need for child support and that the father has the ability to contribute to these expenses. What you ask the court to award is up to you -you are more familiar with the financial circumstances of all parties. However, you could ask that he continue to pay for child support and no college expenses, that he pay for college, and no child support, or a combination of the two. Ultimately, the court is going to decide what a fair arrangement is based on income.

 

Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.

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DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.
This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

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