Child support in nj for child over 18 (how much, lawyers) - City-Data Forum

CHARDIIMOND · 04-05-2012, 09:22 AM

My child father was incarcerated for 14 years. I never took child support out against him as he agreed to help while she was in school. As soon as she graduated from highschool, he refused to help any longer. Now that she decided to go to college he says he not obligated to help and refused to go half with me on her tuition. I dont think this is fair being as i took care of her all the years he was locked up by myself. Is there any way i can apply for child support now that she is 19 years old but still wants to go to college????????/

Ms_Christina · 04-05-2012, 09:59 AM

I found these two things fron NJLawSite.com

15. Does a person have to pay for the college costs for their child?

The courts have viewed education as a necessity. The recent trend in New Jersey has been to require parents to pay for the college costs for their children. Therefore, if the child is attending college, then it is very unlikely that a court will grant an emancipation motion.

When a court makes a decision as to whether or not to require a parent to pay for a child's college education and related expenses, the court must consider the complete set of facts of each case. The court will analyze the following factors to assess if a parent should pay for a child's college costs; (1) the effect of the background, values, and goals of the parent on the reasonableness of the expectation of the child for higher education; (2) the amount of contribution sought by the child for the cost of the higher education; (3) the ability of the parent to pay that cost; (4) the relationship of the requested contribution to the kind of school or course of study sought by the child; (5) the financial resources of both parties; (6) the commitment to and aptitude of the child for the requested education; (7) the financial resources of the child, including assets held individually or in custodianship or trust; (8) the ability of the child to earn income during the school year or on vacation; (9) the availability of financial aid in the form of college grants; (10) the child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; (11) the relationship of education requested to any prior training and to the overall long range goals of the child.

The decision on whether or not a parent should pay for the college costs rests in the court's hand. However, there is a strong trend towards requiring parents, if they are financial capable, to pay for the college. In most cases, the courts will not require the payor to pay for college and for child support at the same time. However, once again the key issue is how much money the payor who is usually the father has.

16. How can a person emancipate a child and stop paying child support?

Child support does not end automatically once the child turns 18. A person who pays child support must file an application with the court clerk and it is known as a motion to request that the child be declared emancipated. The child support obligation will only end once a family court judge enters an order that declares the child emancipated. The order of emancipation is then given to Probation, and the garnishment of the payor's pay check will then be stopped.

This entire emancipation process takes about 3 to 4 months. Therefore, the emancipation application should be made in advance of the child's graduation from high school or of their 18th birthday. In some counties, the judge will rule on the emancipation application only on the papers, and a court appearance will not be necessary. However, in some counties a hearing is set down, regardless whether the opposing party files an objection.

In summary, it is extremely important to always timely file for emancipation. A person should not take it for granted that child support automatically ends once the child turns 18. I have had many cases when child support arranges accrues into the tens of thousands of dollars, even after the child is well over 18 years of age. The parent can avoid this problem if they just file a timely emancipation motion. The child support arranges continue to accrue up until the child reaches the age of 26. If a person just ignores filing for emancipation, then eventually they will get a bill from Probation advising him that he owes tens of thousands of dollars in back child support. Furthermore, Probation will advise him that his driver's license is also indefinitely suspended.

Ms_Christina · 04-05-2012, 10:01 AM

http://www.njlawsite.com/njlawyers/child-support.htm

NJGOAT · 04-05-2012, 11:41 AM

Good responses from Ms_Christina. Basically the state views college as a necessity in these cases. You (or your daughter) are well within your rights to take him to court and have the court determine what share, if any, he should pay of the college costs. Like all things legal, this question and getting it resolved is best done through your own retained legal counsel.

doc1 · 04-06-2012, 07:56 AM

I never understood how "the court" could unilaterally, after it's own analysis, decide college education is a necessity and force either parent, by the sheer power of the state, to pay for college tuition. Especially when an 18 year old may stike out on their own if they wish.

I'm not getting divorced. Does that mean that in NJ my son could successfully sue my wife and I for his college education?

As it stands my wife and I plan on paying for his education but we certainly expect to have a say in certain things and have some strings attached, based upon OUR analysis. Not some judge's.

This is the state overstepping its bounds, imo

captne76 · 04-06-2012, 09:42 AM

Quote:

Originally Posted by doc1

I never understood how "the court" could unilaterally, after it's own analysis, decide college education is a necessity and force either parent, by the sheer power of the state, to pay for college tuition. Especially when an 18 year old may stike out on their own if they wish.

I'm not getting divorced. Does that mean that in NJ my son could successfully sue my wife and I for his college education?

As it stands my wife and I plan on paying for his education but we certainly expect to have a say in certain things and have some strings attached, based upon OUR analysis. Not some judge's.

This is the state overstepping its bounds, imo

The Great State has always overstepped its bounds. That is reality.

RobRiguez · 04-06-2012, 12:04 PM

If you are married you do not HAVE to pay for college tuition. If you are divorced, should the child decide to go to college, both parents are REQUIRED to pay for college as long as the child has not been emancipated. (18+, working full time, living with someone other than a parent, married).

Not sure how it works if the parents were never married.

CaptainNJ · 04-06-2012, 01:13 PM

what about reimbursement for the 14 years of no child support?

flyonpa · 04-06-2012, 01:25 PM

So your want'ed him to pay some of the 10Cents a hour he was getting in the jail?

CaptainNJ · 04-06-2012, 01:34 PM

Quote:

Originally Posted by flyonpa

So your want'ed him to pay some of the 10Cents a hour he was getting in the jail?

did it cost this woman 20 cents an hour to raise the child? i dont care what he earned while in jail, the woman (well maybe taxpayers also) had to bear his share of the burden for raising the child. he owes for that, as far as im concerned.