QUESTION

Does my daughters father have an obligation to continue paying cs until she's 23 & also help pay her college tuition?

Asked on Sep 23rd, 2020 on Child Support - New Jersey
More details to this question:
I'm in NJ. My daughter is a full-time college student. She graduates 5/2021 @the age of 22. Her child support payments end on 6/2021. She will be 22yrs old when she goes to grad school in September 2021. She turns 23 DECEMBER 2021. Does her father have the obligation to continue paying cs until she graduates grad school & still provide her medical insurance? Also is he obligated to pay half of her college tuition?
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
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These are great questions and it is good that you are being proactive with this and looking into getting a jump start on what is to come for child support monies in support of your daughter. In New Jersey, child support as well as medical support for your daughter may continue up to age 23 so long as she is attending full-time college (or graduate school) OR in the event you and your daughter’s father enter into some sort of agreement. There are other factors in the Statute, but these are the specific ones that apply to your situation. Do you currently have an agreement in writing that relates to child support and/or college contribution? Anything that discusses medical contribution? If you and your daughter’s father have an agreement that discusses these issues, a family attorney could review the arrangements and provide assistance on where to go from here. If your daughter is seeking child support AFTER she turns 23,  Court can Order that support continue if it’s warranted under the law – meaning your daughter would have to show the need for it. This would also need to be considered something other than “child support” since it technically cannot go past the age of 23.  There are some additional questions that may need to be answered and will definitely be helpful in your situation. To help you understand your rights and options, I strongly urge you to schedule an attorney consultation.
Answered on Sep 25th, 2020 at 7:33 AM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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By the nature of your question, I gather your ex does not want to continue payment of support for your daughter longer than he has a legal obligation to do so.Therefore, the next and most important question is what does your settlement agreement say about the payment of child support, health insurance coverage and college / graduate school costs? Most agreements in NJ say that the parties will share the costs of agreement college costs for their child, with the child obligated to apply for loans. grants and scholarships to assist in the payment. Most agreements in NJ also say that to determine the allocation of payment of those costs, the parties shall exchange pertinent financial information as to their income and asset structure so that a proper ratio can be determined ( who pays what percentage of the costs). Most agreements in NJ also say that when the child starts college, the parties shall determine if the noncustodial parent should continue payment of direct child support or whether same should be modified or eliminated.... based on whether the child lives at home while attending college or lives at school and the parties are sharing those costs. What most agreements in NJ do not address is whether parents have an obligation to assist in the payment of their child’s graduate school costs - and under the body of case law applicable, most judges will not impose an obligation on parents for the payment of same unless the parent seeking contribution can prove that the graduate school program was anticipated by the parties and that their financial setting ( and their respective educational backgrounds) permit them to contribute to same in addition to their contributions for college costs. So, at the end of the day, start off looking at your agreement and then if there is nothing in it about graduate school / health care / child support - try to sit down with him and see if you and he can work out a compromise that both of you can live with.   
Answered on Sep 24th, 2020 at 8:21 AM

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