I hope this is the appropriate forum and I’m not looking for specific legal advice.
A friend of mine who has paid child support religiously has just been informed that, in New Jersey, he is also obligated to pay for his son’s college.
Had he been asked to contribute before, he would have gladly helped but he has had limited contact with his son (the mother’s choice) and has never been contacted prior to this.
The ‘child’ in question is now 26 years old.
The state of New Jersey is attempting to garnish his pension and the rationale is that he owes for this young man’s college education.
This doesn’t sound right to me and I was wondering if anyone here has familiarity of New Jersey child support laws.
Although at age 26 it seems a bit much for the courts to claim they are not emancipated and therefore on their own but again IANAL. As usual it would be best for your friend to get an attorney knowledgable in this area of law in New Jersey.
In reading the commentary it seems (in NJ) unless the son’s age is a limiting factor, the son might actually have a case. NJ apparently does not age limit educational support requirements as long as the kid is “attending” school. I wonder how long an archetypal “perpetual grad student” could string this out?
This pdf on page 6 of 25 talks about a NJ court case more or less limiting non-emancipation to about 23 years of age in determining NJ CS liabilities re college. (Doc is locked so I can’t clip text block)
History of NJ CS law re college expenses is discussed on pages 12-13-14 along with case citations.
It does appear (based on these) that looking for college support at age 26, esp with limited parental contact, might be considered a bit long in the tooth unless this is some claim that daddy willfully defaulted on his obligations when the child was of normal college starting age (ie 18-21).
IANAL but there is something that strikes me as odd here.
I’m not aware of any situation where a parent is required to provide a college education for a son or daughter. Does New Jersey also require married parents to pay for their children’s college education?
There are several states where the parent(s) (ie CS paying parent) are expected to take care of (in whole or part) the child’s college expenses. Some states like NJ do not (according to the links) have a specific age of emancipation cutoff WRT parental college obligations. The link in my second post gives a partial legal and statutory history on this.
zev, the divorcenet site states that it is in the jurisdiction of the courts, based on a number of factors, to decide whether or not a child is entitled to a college education and whether or not the parents are on the hook. It looks unlikely that a family just sqeeking by will be liable, but given a family that can afford a college education and a child that wants it, any family could be forced to pay.
I always thought this was odd as well. To my knowledge married parents are not obligated to fund their child’s college education but if they get divorced the child’s college education costs are very often accounted for and assured.
Doesn’t it seem like that NJ law would just scream for a class action suit?
::: sigh :::
After dealing with the CS system for 15 years, I can’t say I’m surprised, just further disheartened that such lunacy can be perpetuated.
I’ve become something of a slight expert on NJ child support laws. My support order is through Middlesex County, and that’s all I have to say about that.
Like a few people said, there is no age limit for child support to end in NJ. If the child is going to school, it is my understanding that the non-custodial parent IS required to continue support payments. They can request a hearing and modification, but as they are written the NJ child support guidelines are on the side of the custodial parent/child.
Also, one of my girlfriend’s mother’s (in NJ) was receiving child support for her when she was 26 while she attended FIT.