New Jersey Info
New Jersey Divorce Start Your Divorce Find Professionals New Jersey Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum New Jersey Products Divorce by County
New Jersey Articles
Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support
Settlement Agreements on the Issue of College Contribution
Can the parties agree by way of settlement for the payment of college?
The parties can always agree by way of a settlement agreement or via a consent order to fix the payment arrangement for college expenses. In the world of family court the constant mantra is to settle your dispute with your ex spouse. A settlement agreement is almost always enforceable it if voluntary, fair and equitable. Schlemm v. Schlemm, 311 N.J. 557 (1960).
Thus, if the parties' agreement spells out with detail the terms of parental contribution, then in the majority of the cases the court will enforce it. If the parties agree to equally share for the cost of college for the child, then the court almost always will enforce this agreement. If the parties Property Settlement Agreement has no agreement as to college contribution, then the court must conduct an independent review of the Newburgh factors.
In summary, the parties can waste all of their money fighting over who is paying for college. I don't agree with all of the complexity of New Jersey law on the issue college contribution. However, "it is what it is." In my travels, I have seen many warring ex spouses spend more on litigating college contribution issues than they did in their divorce case. If possible you should try to spell out the terms of college contribution in your Property Settlement Agreement, or your should try to resolve your case via a consent order.
New Jersey is an equitable distribution state, meaning that the division of property in a divorce is to be done fairly, not necessarily equally. The court can take into consideration any factor it deems relevant when dividing property, but it must consider certain factors, such as how long the couple was married and the age and health of both spouses, the income or property brought to the marriage by each spouse, the standard of living that was achieved during the marriage, and the extent to which one spouse may have deferred career goals, among others.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Established in 1996
Copyright© 1996-. All rights reserved by MH Sub I, LLC dba 3StepDivorce.