Your child is heading off to college. It’s an exciting time, one that trumps the upheaval caused by your divorce. For most parents, seeing their kids head off to a new campus brings about feelings of accomplishment. However, if you are a single parent that has divorced, you may find yourself dreading the tuition cost. Who is responsible for paying for your child’s expenses? Is it solely on you, or does your ex-spouse also have to help? The team at Ziegler Law Group, LLC is here to answer these questions and more today.
Key Takeaways
- In New Jersey, divorced parents are generally both required to contribute to their child’s college expenses until the child turns 23 or completes their education—whichever comes first.
- College expenses include more than tuition; they may cover textbooks, room and board, transportation, and other miscellaneous expenses.
- Courts in New Jersey play a key role in determining how much each parent must contribute, based on factors like financial ability, the child’s needs, and the available financial aid.
- If college expenses were not addressed in the original divorce settlement, parents can request a child support modification to adjust financial responsibilities for higher education.
Comparison Table: Factors in Dividing College Expenses for Children in NJ Divorce
| Expense Type | Factors Considered by Courts | Potential Division Method |
|---|---|---|
| Tuition | College cost, financial resources of each parent | Split based on parents’ income proportions |
| Room and Board | Child’s living needs, cost of on-campus vs. off-campus | Divided according to income and resources |
| Textbooks and Supplies | Cost of required materials, necessity of specialized items | May be divided proportionally or equally |
| Transportation | Commuting needs, cost of parking permits | Considered if child is living off-campus or commuting |
| Living and Miscellaneous Expenses | Basic needs for daily life, recreational costs | Divided in a fair manner based on financial capacity |
| Child Support Modification | Change in financial circumstances, necessity for higher education | Requires court approval for modification |
College Education is Expensive
If you have a child that is preparing to go to college, you may find yourself in a state of shock at the cost—even from when you were in college. On average, tuition for private colleges increased about 5.5%, according to 2024-2025 school data. At public schools, fees rose 2.4% for out-of-state students and 2.2% for in-state students.
The average tuition—not counting any additional expenses, such as textbooks—is around $11,000 for public, in-state students; $24,500 for public, out-of-state students; and $43,500 for private college students. However, if your child decides to attend college in New Jersey, the cost is a little lower. On average, New Jersey public colleges have a tuition of $8,884 for in-state students and $25,111 for those coming from out-of-state.
Keep in mind, however, that these costs are per year.
What is Included in College Expenses?
As mentioned earlier, college expenses go beyond tuition. The tuition is indeed the most expensive part. That said, there are other costs attributed to college that include:
- Textbooks
- Room and board (such as the dormitory or on-campus apartment)
- Transportation fees if commuting
- Parking permits
- Application fees
- Daily living expenses
- Miscellaneous expenses that are incurred throughout the year
In most situations, what you and your ex-spouse pay for will be outlined in the divorce settlement. If not, a legal advocate can help you split the expenses fairly. Keep in mind that other ongoing expenses, such as health insurance for your child, must be kept up throughout the duration of their college experience.
Who Pays For a Child’s College Tuition When The Parents are Divorced in NJ?
Divorce does not exempt one parent from the duties of paying for a child’s education. Generally, New Jersey law dictates that both parents must contribute to education expenses, including college. Parents must continue assisting their children with college payments until their education is achieved or they turn 23—whichever comes first. So, if your child decides to begin college at 21 or 22, both parents will only be expected to pay for one or two years of college, not the whole course. However, the amount each parent contributes is dependent on the ruling of the New Jersey court.
How Does the Court Decide Who Pays for What?
NJ courts play a large role in deciding how much each parent contributes to college. The method used is similar to when they first calculated child support payments. Here is a look at some questions the court considers when determining each parent’s financial contribution:
- Would the parent contribute to the cost of college if living with the child?
- What is the financial ability of each parent to pay for the child’s education?
- How much does the child need to cover their college expenses?
- Do the parents have each financial resources to cover the cost of college?
- Will the child complete their college education?
- Does the child have their own source of income?
- Is there financial aid available?
- Does the child need college to achieve their future goals?
These are some of the things that the court will consider. The financial stability of the parents, along with the cost of the college, will be heavily evaluated to determine who is responsible for what.
What Happens When a Child is Emancipated and Wants to Go to College?
In New Jersey, parents are legally obligated to support their child until they are 23 years old. In other words, both parents have to contribute financially. The parent paying child support must continue paying until their child is 23, or they will face repercussions.
However, if the child receives emancipation early or as soon as they reach 23 years of age, the obligation of the parents no longer exists. Requirements to assist are eliminated, and the parent who has paid child support can cease those payments. There are some extenuating circumstances for children with special needs, but this will be discussed during the divorce settlement.
Can a Child Support Modification Be Requested for College Expenses?
In some cases, college expenses are not included in the original divorce settlement. If the documents do not disclose who will be paying for what when the child goes to college, you can make a formal request with the court to have the situation reconsidered. Child support modifications are difficult to receive in some situations, which is why it is important to have an experienced family law attorney at your side.
Contact a NJ Family Law Attorney Today
College comes with many associated costs. In New Jersey, both parents are typically expected to contribute, but the amount each parent pays depends on various factors, including their financial capacity and the needs of the child. If these expenses weren’t addressed in your divorce settlement, or if circumstances have changed, a child support modification may be necessary.
At Ziegler Law Group, LLC, we understand the unique challenges divorced parents face when planning for their children’s future. Our experienced family law attorneys can help guide you through the process of determining and negotiating college expense responsibilities. Contact us today at 973-533-1100 for a consultation and ensure your child’s education is supported fairly and legally.
FAQ Section
1. Are divorced parents in NJ legally required to pay for their child’s college expenses?
Yes, New Jersey law generally requires both parents to contribute to college expenses until the child completes their education or turns 23, whichever occurs first. Courts evaluate each parent’s financial situation to determine contributions.
2. What is included in college expenses beyond tuition?
College expenses can include room and board, textbooks, transportation, application fees, and living expenses. These costs are often considered in addition to tuition when calculating contributions.
3. Can child support be modified to account for college expenses in New Jersey?
Yes. If college expenses weren’t included in the original divorce agreement, either parent can request a child support modification to address higher education costs.
4. Does a parent’s obligation to pay end if the child becomes emancipated?
Yes, once a child is emancipated, or reaches 23, the parental obligation generally ends. However, for children with special needs, support may continue past this age.
5. How does the court determine each parent’s contribution to college costs?
The court considers factors like each parent’s income, the child’s financial needs, financial aid, and the cost of the school to determine a fair contribution for each parent.
