Can a parent be ordered to pay child support for a college bound student? If you were divorced in the State of New Jersey, the obligation to pay child support arose either by a decision of the Family Court if your case was not settled, or, more likely, by way of an agreement between you and your former spouse. This agreement, generally called a property settlement agreement or matrimonial settlement agreement, may specify or at least provide some guidance regarding whether you will be required to pay child support while your child is in college.
Emancipation of a Child of Divorced Parents
Emancipation is the legal act by which a child is released from both the control and support of a parent. There is a presumption that the emancipation of a child of divorced parents occurs at the age of 18. However, this presumption can and often is overcome if a child continues his or her post-secondary education by attending a college, university or trade school. New Jersey courts often presume that a child still requires support from a non-custodial parent while he or she is finishing an undergraduate education. Therefore, the non-custodial parent may be required to continue making child support payments during that time. However, it may also be appropriate to modify child support obligations at this time because the non-custodial parent may also then be expected to contribute to the costs of the child's higher education as well. There are a number of financial and non-financial considerations that must be looked at in determining what amount of child support is appropriate while the child completes his or her post-secondary education.
Contact an Experienced Child Support Attorney Today
The law firm of Villani & DeLuca represents clients with child support issues throughout New Jersey. Our attorneys have a wide range of experience in handling matters related to family law and child support law. If you have a need for an attorney to assist you with issues surrounding your custody agreement or your child support obligations, you should contact one of our experienced attorneys today for a free consultation by calling Villani & DeLuca at 732-965-3404.