General Duty to Provide for a Child's Education

In general, parents in Ocean County, New Jersey, have a duty to financially provide for their children's college education. This principle was established in the seminal 1982 New Jersey Supreme Court case of Newburgh v. Arrigo.

However, recognized exceptions to this general rule do exist. In the recently decided case of Marinaro v. Marinaro, the Appellate Division found that the defendant-father did not have to contribute to his daughter's college education. The court determined that the trial judge did not err in concluding that the father lacked the financial resources to do so.

The court noted that the trial judge properly worked through each of the Newburgh factors in reaching this conclusion. These factors are considerations a court should review when deciding a parent's responsibility to fund a child's college education in a New Jersey family law case. The Appellate Division also confirmed there was sufficient evidence in the trial record to support the judge's findings.

Exception for Estranged Parents

Another exception to the general rule can be found in the case of Gac v. Gac. In this case, the Supreme Court of New Jersey held that a father was not responsible for contributing to the college costs of his estranged daughter.

The Court's reasoning included the fact that the father had no opportunity to participate in the choice of college and that he was estranged from the child. Gac established that as soon as reasonably possible, the other parent and/or child should communicate with the other party regarding the selection of an educational institution.

Contact a Lawyer to Get Your Ex to Contribute

If you are divorced and having difficulty getting your ex-spouse to contribute toward your child's college costs, you will likely need to file a post-judgment motion with the courts. This involves retaining an attorney to prepare paperwork outlining all issues in dispute for the court.

Your ex-spouse will then have the opportunity to file an opposition to your motion. You will then be allowed to file a reply certification responding to that opposition.

After all motion papers are filed, the judge will set the matter for a hearing. At this hearing, the judge is typically faced with competing certifications where each party presents different facts and interpretations.

When the certifications are vastly different, the judge may have no choice but to schedule a plenary hearing to determine what level of contribution, if any, is required. A plenary hearing is, in essence, a trial limited to the specific issues before the court.

Consider Mediation to Handle Child Education Cost Issues

The cost of a plenary hearing can be quite high. You may need to subpoena witnesses or have the child testify. Whenever possible, it is in everyone's best interest to avoid those fees and reach an agreed contribution toward college costs instead.

Judges throughout New Jersey are increasingly recognizing the value of mediation. In Monmouth County and Ocean County, judges facing these applications typically refer the parties to post-judgment mediation before scheduling a plenary hearing. A good mediator will make both parties aware of the costs of continued litigation, and many of these cases are resolved at post-judgment economic mediation.

To avoid disputes altogether, it is wise to include specific language in your divorce settlement agreement regarding college costs and how they will be funded. Options may include setting aside funds from the marital estate at the time of divorce or establishing each party's percentage contribution to future college costs.

Ocean & Monmouth County Family Law Attorneys

If you are seeking a divorce, a post-judgment application to compel your ex-spouse to contribute toward college costs, a modification to child support, or a modification to alimony, contact Vincent C. DeLuca Esq. of Villani & DeLuca.

Mr. DeLuca is certified by the New Jersey Supreme Court as a Matrimonial Attorney and is also a divorce mediator.

Call (732) 709-7757 today for a free, no-obligation consultation.