Recently, decisions in New Jersey courts have received national press as young adults have sued their parents (in some cases estranged parents) for contribution toward their post-high school education costs. Most parents want their children to attend college and, if possible, want to contribute toward tuition. If you are married, that decision is voluntary and subjective for now. However, consider the circumstances where the parents are no longer married, but divorced.

The divorce has resulted in estrangement, perhaps between the spouses or the child and the parents. Instead of a family decision, the court must step in and make the decision on how to fund college for the family. For divorced couples: welcome to the college lottery, where litigation outcomes often produce different results, depending on the child, the parents’ marital status, finances and the venue where the issue is heard.If a court is asked to make the decision for the family, the decision can depend on whether the parents are married or divorced, and can be made without a plenary hearing or agreement by either parent. The decision is based solely on the child’s best interest as determined by the court. Because of the inconsistency in decisions, it is time for a second look at the law in New Jersey regarding a parent’s duty to contribute to college costs.

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