How is child support recalculated when a child goes away to college?
Asked on Jun 11th, 2014 on Child Support - New Jersey
More details to this question:
Our property settlement agreement requires us to pay for our children's college but now that my sons live with me and she doesn't receive child support anymore my ex wife does not want to contribute to their living expenses at school. we live in new jersey. How will child support be recalculated to accommodate this new paradigm?
I have seen your question.
My name is David Salvaggio. I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters. It's all we do.
Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information.
Under New Jersey law, your ex-wife has a child support obligation for your children, as long as they are attending college on a full-time basis, because they are not emancipated.
If they are living at school while they are attending school, there is no formula for the amount of her child support obligation. It is arrived at by weighing all of the different factors in the New Jersey Child Support Statute.
Under New Jersey law, your ex-wife also has an obligation to contribute a reasonable amount towards the cost of your children's college education. New Jersey case law will determine what is "reasonable."
To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours.
Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting.
Your question does not specify the town in which you live. My firm's offices are located in Morristown, NJ (Morris County). We handle cases in all of the counties in northern and central New Jersey. For a list of those counties, please go to the Home Page of our website and scroll to the bottom of the Page.
If you would like to have a brief personal telephone conference with me (no charge), you can call our offices at any time of the day or night. Our telephone number is 973-455-1220. My personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.