In New Jersey, divorced parents can be legally obligated to contribute to their children's college expenses, a decision based on factors like the child's aptitude for higher education and the parents' financial abilities, as established by the case of Newburgh v. Arrigo.
Here's a more detailed explanation:
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New Jersey law recognizes that parents have a legal obligation to contribute to their children's higher education expenses, particularly in the context of divorce or separation.
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The landmark case of Newburgh v. Arrigo established that parents can be required to contribute to their children's higher education expenses, depending on various factors.
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Courts consider several factors when determining a parent's obligation to contribute to college expenses, including:
- The child's aptitude and commitment to higher education.
- The parents' financial resources and ability to pay.
- The relationship of the requested education to the child's long-term goals.
- The child's financial means and ability to contribute.
- The availability of grants and loans.
- The child's aptitude and commitment to higher education.
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Parties can address college expenses in their marital settlement agreement, outlining how contributions will be made and by whom.
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Child support payments may continue even after a child turns 18 if they are attending college and/or vocational training full-time.
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The case of Nebel v. Nebel established the "Rutgers Rule," which suggests that parents are not obligated to pay for private college if a comparable state school (like Rutgers) is available.
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It's crucial for parents to communicate with each other about college plans and seek court intervention before expenses are incurred.
