Articles in the ‘College Contribution’ Category
Under the terms of the parties’ PSA the former husband was responsible for 60% of college expenses, net of financial aid to the child. The husband claimed estrangement in the relationship between he and the child and sought to disavow his financial obligation. The Appellate Division upheld the trial court’s determination that the parties, including the child were all responsible for the deterioration in the relationship justifying the former husband’s position that contribution was no longer fair and equitable. Agos v. Camuso, New Jersey App. Div., July 31, 2012
Trial court required parent to contribute 28% toward his yougest daughter’s college education. The Appellate Division agreed the parent had a financial obligation to contribute where proofs demonstrated the parent had an active role assisting the child preparing for college such as SATs, applications, selection of schools, etc., but a plenary hearing was warranted to determine the parent’s financial ability to contribute. Sciacca v. Hagarty, New Jersey App. Div., January 18, 2012
The Appellate Division upheld the trial court’s determination that under New Jersey family law principles a child who was a full-time college student “clearly making efforts to complete his degree,” it is in the child’s best interests for the payment of child support to continue conditioned on the child’s satisfactory completion of a full-time course load for each successive semester. Alexander v. Alexander, New Jersey App. Div., June 16, 2011
This case was decided by the trial court on December 3, 2010 and approved for publication on April 15, 2011. Judge Jones who sits on the Family Part, Ocean County determined both the student and the custodial parent have the obligation to inform the non-custodial parent with ongoing proof of college enrollment, course credits and grades, as a pre-condition of receiving child support and college expense payments. The court held this requirement does not violate Family Educational Rights and Privacy Act of 1974 (FERPA) Van Brunt v. Van Brunt, decided December 3, 2010.
The father objected to paying for his daughter’s college education arguing it was unconstitutional to require a divorced parent to pay for college when intact families are under no such legal requirement.