So my ex and I are splitting college tuition for my oldest son. He states he needs to add it to his child support order that we currently have through court. He says because he has a younger daughter his child support for her could increase if he doesn't have my child support order through the courts. I am confused because we do have child support through court but our oldest is just starting college this summer. How would they even add in college expenses to my child support? Any advice would be appreciated :-)
Review your current child support order to see up to what age and education level you guys are supposed to pay child support for children. Than figure out how you guys will handle college tuition if it’s not currently stated in the child support order.
Without knowing the full details of the case and working based on assumptions, I feel that since the oldest child will out grow the support order than one child will remain, will most likely increase his child support??? This an assumption.
There are other factors to consider as well, but it will require reviewing the current support order and your current situation. To review the support order and modifying an attorney like our office would charge around $1,500 and up depending on who you retain.
If you have any further questions feel free to call an attorney for a general consultation to possibly retain their services in resolving your legal concerns and matters.
I, personally, have never seen college tuition added into the weekly child support obligation. The first thing any attorney would ask is to review your Marital Settlement Agreement, and/or Judgment of Divorce, or whatever support order you have in place. I'm assuming that perhaps those documents may address the issue of paying for college. If none do address the issue, then an attorney would have to review all of the facts and circumstances surrounding each of your financial abilities in order to provide the appropriate advice under the specific facts of your case. What I can tell you is that when a child lives away at college, depending on all of the facts, a court can reduce the payor's child support obligation based upon the specific circumstances because some of the expenses included in the New Jersey Child Support Guidelines calculation follow the child to college - such as food, transportation, etc. If the child is no longer living at home during the school year, and both parents are contributing toward the cost of college expenses, then a judge would look at those facts and determine how much the obligor should be paying. Furthermore, the New Jersey Child Support Guidelines specifically cover children through high school. So, a court can deviate from the guidelines calculation.
If you have questions or real concerns, then I would strongly urge you to take whatever court documents you have to an experienced matrimonial attorney of your choice and have him/her review them and then provide the appropriate advice after speaking with you and gathering all of the facts specific to your case.
I wish you luck in resolving this issue.
Contributing to college expenses is a separate issue. It is not child support. However, the two of you may agree to add whatever that contribution would be to the amount of child support and sign a consent order specifying the amount of child support that he will pay for your daughter total. You would be agreeing that he pay an amount over and above the guidelines.
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