Child Support Custodial Parent

Asked over 4 years ago - South Orange, NJ

I recently was told that the custodial parent is responsible for all the costs of a college student with the exception of those billed directly by the college. Those charges billed by the college are paid by both parents and the student. How are the percentage amounts determined? Is there ever a maximum or minimum assigned to any party? It seems that there can be alot of expenses left to the custodial parent using that methodology.

Attorney answers (3)

  1. Theodore Lyons Araujo


    Contributor Level 20

    Answered . The college may hold the custodial parent responsible for educational expenses, but the question of apportionment should have been in your divorce decree, seperation agreement or order dissolving the marriage and apportioning property. For some expenses State law can hold both parents liable for the entire amount. If the child is emancipated and the expenses are not gauranteed by the parents then the parents may not be liable for any of the expense if it is not stated in the divorce decree.

  2. Ronald Glenn Lieberman


    Contributor Level 18

    Answered . A judge has virtually unlimited discretion to allocate college expenses among the parents and the college student, too. The incomes of each parent and the college savings accounts if any can be used. A judge will also look to relevant New Jersey case law to decide that issue.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed.

  3. Susan M Rumpf

    Contributor Level 10

    Answered . Your divorce decree or property settlement agreement should specify what costs are attributable to each parent, and the percentages, If not, you may have to file a notice of motion with the court to determine who is responsible for what costs after your student applies for all loans, grants, and financial aid...

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

25,836 answers this week

3,230 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,836 answers this week

3,230 attorneys answering