Parent Not Required to Pay For Child’s College
- April 4, 2013
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In Edwards v. Edwards, father was granted a reduction in child support over objection of the mother, who was parent of primary residence, who also cross-moved for reimbursement of the child’s college tuition. The parties’ Property Settlement Agreement, entered in 1991, required each parent to contribute to college expenses of the children based on the parent’s ability to pay. The maternal grandfather established a $46,000 college trust for the child which provided for 3 years of education before the funds were exhausted. The child was able to obtain a partial scholarship and some loans but the amount did not meet his needs for the fourth year of education, his first at New York University film academy. The maternal grandfather provided the balance under the condition of repayment by the mother and the father. However, the father was completely unaware of the payments by the maternal grandfather and never committed to repayment of said loans. The judge below considered the factors set forth in Newburgh v. Arrigo, 88 N.J. 529, 545 (1982) and found that the father did not have sufficient income to contribute to the child’s education and refused to compel the father to pay for college or repay the loan to the maternal grandfather. The New Jersey Appellate Court upheld the decision finding the economic situation of the father did not give rise to an ability to pay and the parties’ Property Settlement Agreement clearly set forth college contributions would be based on ability to pay. If you are seeking a modification of child support or alimony, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family or juvenile law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.