College

College Educational Expenses

The New Jersey Supreme Court set forth the factors for the trial courts to consider when evaluating a party’s claim for contribution towards the cost of higher education in Newburgh v. Arrigo, 88 N.J. 529, 545 (1982):

whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;

the effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education;

the amount of the contribution sought by the child for the cost of higher education;

the ability of the parent to pay that cost;

the relationship of the requested contribution to the kind of school or course of study sought by the child;

the financial resources of both parents;

the commitment to and aptitude of the child for the requested education;

the financial resources of the child, including assets owned individually or held in custodianship or trust;

the ability of the child to earn income during the school year or on vacation;

the availability of financial aid in the form of college grants and loans;

the child’s relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and

the relationship of the education requested to any prior training and to the overall long-range goals of the child.

Many of the same-sex couples that will be entering into marriages may have already entered into a civil union. Before permitting same-sex marriages, the State of New Jersey allowed same-sex partners to enter into legally recognized associations called civil unions. Civil unions were intended to grant same-sex couples all of the same benefits, protections and responsibilities under the law as granted to spouses in a marriage.

However, many civil union partners (in New Jersey and throughout the country) found that they were not afforded the same rights as spouses in a marriage. The unequal treatment of partners in a civil union as compared to those involved in a marriage served as the impetus towards the recognition of same-sex marriage.

As each case is very fact sensitive, sound legal advice and professional help is important to ensure the appropriate outcome. The attorneys at Hagan, Weisberg & Nunn have experience in negotiating, mediating and litigating the issue of contribution toward college educational costs and can provide the necessary advice in this area.

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