Articles Posted in College Expenses

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I was at a social event recently. A woman attending that event, after learning that I was a divorce attorney, came up to me. She told me that her ex-husband had just filed court papers seeking to modify or terminate her alimony payments. With indignation in her voice she explained that “He can’t do that because I have permanent alimony!” It was obvious that this person had taken the word “permanent” literally, and believed that her alimony rights were forever immutable. She seemed genuinely shocked when I explained, without getting into the details of her case, that even “permanent” alimony may be modified or terminated upon a showing of a substantial change in circumstances. Continue reading

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Several weeks ago my colleague, Elsie Gonzalez, Esq., wrote a blog post discussing the recent Appellate Division case of Ricci v. Ricci, A-1832-14T1 decided on February 9, 2017. That matter aroseCollege-Student-Discounts-300x300
as a result of a child bringing an action against her divorced parents seeking contribution from them for her college expenses as well as other relief. Although the circumstances and reasons for same were in dispute, the child had moved out of her mother’s home at age 19 and moved in with her paternal grandparents. The parents filed a Consent Order declaring the child emancipated. The child subsequently filed a motion seeking to intervene in the matrimonial matter, seeking to vacate the emancipation Order and for contribution towards her college educational expenses, initially for the community college she was attending. Continue reading

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Reiterating the opening to my colleague, Padraic F.X. Dugan, Esq.’s blog outlining the history of U.S. file0002135280483-214x300Supreme Court decisions regarding the fundamental right to parent one’s child, he wrote:  “United States Supreme Court Justice Sandra Day O’Connor wrote on behalf of the Court in the case of Troxel v. Granville, 530 U.S. 57 (2000), that ‘the interest of parents in the care, custody, and control of their children — is perhaps the oldest of the fundamental liberty interests recognized by this Court.’ Justice O’Connor went on to cite other decisions like Meyer v. Nebraska, 262 U.S. 390 (1923), wherein the Court recognized ‘that the ‘liberty’ protected by the Due Process Clause includes the right of parents to ‘establish a home and bring up children’ and ‘to control the education of their own.’ Continue reading

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Allocation of higher education expenses for the children of divorced or non-married parents continues to be an area of litigation and developing law.  This week, the Appellate Division approved for publication the case of  Avelino-Catabran v. Catabran, in which the Appellate Division addressed the interpretation and enforcement of a Property Settlement Agreement between divorcedfile000195499258 parents that provided for allocation of college expenses not covered by a student’s financial aid package, where a parent had taken out PLUS loans.  The Court also addressed the support of college age unemancipated children where one child resided with one party outside of the U.S., and the other child resided at college in New York. Continue reading

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On March 17, 2016, the New Jersey Appellate Division issued an unpublished opinion in the case of Parrish v. Klugar 2015 WL 10488423 (App. Div. 2016).   In the Parrish case, the father appealed IMG_2849from an August 18, 2014 post-judgment Family Part order that denied his motion to emancipate his then twenty-one-year-old child, ordered the parties to cooperate with a parenting coordinator and abide by her recommendations, and directed the parties to “‘return’ to a psychologist for updated psychological evaluations for themselves as well as their two younger children, then ages thirteen and twelve. Continue reading

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In 2014 my colleague wrote an excellent blog entitled “When Does Child Support End?-Shifting the Burden”, which discussed New Jersey law on the emancipation of a child and the termination of child support.    Another colleague has further blogged about the payment of college expenses by divorced parents.  You may also recall a 2014 case filed in New Jersey by Rachel Canning, who moved out of her parents’ home because she did not want to abide by their rules, yet filed an application to compel her non-divorced parents to pay for her college expenses and support. Continue reading

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file0002022362803 As my colleague, Mr. Dugan has touched upon in prior blog posts, divorced parents can be required to provide a college education (sometimes even an advanced degree) to their children, in addition to having to pay child support under New Jersey law.   The Honorable Lawrence R. Jones, J.S.C. has offered additional insight into this issue in  the case of Black v. Black, published on June 13, 2014.  More specifically, Judge Jones addressed the relationship required between a child and the divorced parent from whom the child seeks a contribution to college expenses. Continue reading

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On April 28th 2014 the Appellate Division issued an unpublished decision in the post-judgment case of Fox v. Fox, A-2339-12T1, 2014 WL 1660394 (N.J. Super. Ct. App. Div.). The Appellate Division reversed and remanded the trial court’s decisions to deny Dorothy Fox n/k/a Lamuraglia’s motion to modify child support. Ms. Lamuraglia was seeking to terminate her child support on the grounds that the child was about to start college. Continue reading

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If divorcing parties have children, the support of these children is one of the issues that needs to be addressed.  In the majority of cases the “amount” of child support is fairly easy to determine – the incomes of most families fall within the range covered by the Child Support Guidelines; a formula established by Court Rule.  The next question I am frequently asked (usually by the payor parent) is for how long does this child support need to be paid – usually followed by the comment: “To 18 right, since this is considered the age of majority?”  Continue reading

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According to a March, 2013 publication from the National Center for Family & Marriage Research at Bowling Green State University, authors Susan L. Brown and I-Fen Lin discussed the divorce rate for adults over the age of 50 in their article elderlyentitled “The Gray Divorce Revolution: Rising Divorce among Middle-aged and Older Adults, 1990-2010”.  Continue reading