New Jersey Family Law

WEST CALDWELL ESSEX COUNTY NEW JERSEY DIVORCE COLLEGE EXPENSES LAWYER

This is an appeal from the New Jersey divorce judge's order concerning the parents' obligations to pay for their daughter's college expenses. The original order required the parents to share equally the children's college costs, which was generated by their daughter's decision to attend an out-of-state private school, instead of a college in New Jersey. The father is a high school graduate who had worked as a machinist and now claims his financial position had deteriorated since the divorce. The mother asserts that the father is voluntarily under-employed. Further, she contends that, with financial aid, the tuition at the private school would be reduced to less than the New Jersey colleges. The judge kept the 50-50 ratio in place, but capped the father's liability at $10,000 per year, and the appellate panel affirms, finding plaintiff's arguments on appeal to be without merit.    Morales v. Morales, New Jersey App. Div., April 9, 2008

MILBURN ESSEX COUNTY NEW JERSEY DIVORCE LAWYER COLLEGE EXPENSES

The New Jersey divorce judge ordered the father to pay half of his son's college expenses and to submit a timetable for overdue college payments. But because the judge failed to comply with Rule 1:7-4 [requiring findings of fact], the matter must be remanded. Although the New Jersey Child Support Guidelines do not apply to children over 18 in college, the judge did not analyze the factors in N.J.S.A. 2A:34-23(a). The summary explanation that the amount chosen was in consideration of "the respective incomes and budgetary concerns of the parties, together with the expenses for the college student," is wholly insufficient. As to college expenses, the judge also neglected to address (1) many of the Newburgh factors; (2) defendant's claim he had no relationship with his son; (3) he was not consulted in decisions affecting his son's life, including choice of college; and (4) he was unable to afford the college chosen by mother and son.   Cruz-Chase v. DeJesus, New Jersey App. Div., March 24, 2008;          http://www.judiciary.state.nj.us/opinions/a3864-06.pdf

WEEHAWKEN NEW JERSEY HUDSON COUNTY DIVORCE ATTORNEY

The New Jersey divorce judge committed error and is hereby reversed. The father moved to terminate child support for, and to emancipate, his younger son (who had turned 18 and started community college without his input) The matter is remanded for a plenary hearing because there are contested issues of fact which the judge needs to resolve in consideration of the Newburgh factors, including the parties' ability to pay and the relationship defendant has with his son. The court also rejects defendant's argument that, since the court emancipated his older son on similar facts, that decision is the law of the case and should be applied to his younger son.     Offner v. Lewis, New Jersey App. Div., March 7, 2008

FLORHAM PARK NEW JERSEY MORRIS COUNTY DIVORCE MEDIATION COLLEGE EXPENSES

The father was seeking reconsideration of an order that required him to (1) reimburse the mother for college expenses she incurred for the parties' son; (2) provide proof of medical insurance coverage on his son; (3) reimburse her for his son's uninsured medical expenses; and (4) pay a portion of her counsel fees. But the New Jersey divorce judge made the decision on the papers, without oral argument. The case is remanded, especially since the judge never addressed the request for a credit based on nearly $40,000 he paid in child support when his son was in school.    Hopson v. Hopson, New Jersey App. Div., February 8, 2008

HOBOKEN NEW JERSEY HUDSON COUNTY DIVORCE MEDIATION COLLEGE EXPENSES

The New Jersey divorce judge was correct in emancipating the parties' 3 older children. However, the request recalculate child support arrears was properly denied. In addition, the court granted the mother's request to compel the father to pay 50 percent of the college costs of the parties' youngest child in accordance with the New Jersey judgment of divorce. As to the latter, the Newburgh factors were applied with respect to the father's obligation to contribute to the college expenses of his youngest child. Since the father failed to produce any further evidence of changed circumstances, the order is affirmed.    Guardiola v. Ellis, New Jersey App. Div., January 3, 2008

UPPER SADDLE RIVER NEW JERSEY BERGEN COUNTY DIVORCE COLLEGE EXPENSES CHILD EMANCIPATION

The New Jersey divorce judge was correct in denying the ex-wife's motion to compel the father to pay child support and the post-secondary educational expenses for their son and declared their son emancipated. However, the child's date of emancipation is modified to the date the father filed his cross-motion to have the son declared emancipated. The judge correctly applied each Newburgh v. Arrigo factor, including the son’s age, the parents’ ages, their educational attainment and expectations for their children, and their need to plan for retirement, which support the decision that the son is emancipated.     Dewindt-King v. King, New Jersey App. Div., December 26, 2007

FORT LEE NEW JERSEY BERGEN COUNTY DIVORCE MEDIATION LAWYER COLLEGE EXPENSES

The father wanted to have the court declare his 21 year old daughter emancipated and terminate his child support obligation for her. Instead, the New Jersey divorce judge granted the mother's cross-motion for enforcement of the obligation to contribute to the costs of the daughter's college education  until May 2008 -- the end of the girl's 4th year of pharmacy school -- as well as 36% of her post-secondary education expenses.    Mark v. Mark, New Jersey App. Div., December 12, 2007

SHORT HILLS NEW JERSEY ESSEX COUNTY DIVORCE MEDIATION COLLEGE EXPENSES

If a parent is estranged/alienated from her/his child, can that parent be compelled to contribute to the college education of that child? Reviewing the tortured relationship between father and son, the New Jersey divorce judge found that the father earned $400,000 per year and had the clear capacity to pay the total amount of his son's college obligation. In addition, the court rejected the request to enforce an unsigned consent agreement he had attempted to procure through negotiations with the mother. The admittedly poor relationship between father and son was insufficient to outweigh remaining factors in the context of the boy's academic commitment and the father's ability to pay. Finally, the mother is mentally ill and financially incapable of making any contribution to the college costs.    Winans v. Winans, New Jersey App. Div., December 11, 2007

WEST PATERSON NEW JERSEY DIVORCE MEDIATION

A student who has lived in New Jersey for twelve months prior to enrollment is presumed to be a domiciliary for tuition purposes under N.J.S.A. 18A:62-4. If that student is dependent on out-of-state parents, the presumption in the student’s favor is neutralized. The New Jersey Supreme Court holds that all of the evidence must be considered to determine if the student’s domicile is in New Jersey. Shim v. Rutgers-The State University of New Jersey, ___ N.J. ___ (2007); New Jersey Supreme Ct., June 14, 2007

EDGEWATER DIVORCE LAWYER

The New Jersey divorce judge was correct in ordering the father to reimburse the mother for half of his daughter's college expenses - specifically room and board, computer, books, transportation and food. The court properly rejected the father's challenges to the reasonableness of the costs - which had already been incurred over the past years and were never objected to by him -- and his arguments that his daughter could have procured cheaper lodgings and a more inexpensive computer.    Maddox v. Maddox, New Jersey App. Div., May 8, 2007