By Jeff J. Horn – Divorce Attorney
Direct answer: Possibly, yes. New Jersey is one of a limited number of states where a family court can order divorced or separated parents to contribute to a child’s college costs. Whether you must contribute — and how much — depends on a 12-factor balancing test from Newburgh v. Arrigo, 88 N.J. 529 (1982), including each parent’s ability to pay and the child’s own resources, financial aid, and earnings.
Overview: A College Obligation Many States Don’t Impose
In states such as Texas and Florida, a parent’s support duty generally ends at the age of majority absent a written agreement. New Jersey is different. Here — alongside states like Illinois and Massachusetts — courts recognize that the cost of higher education can be a form of child support, and a divorced or separated parent may be ordered to help pay for college even after a child reaches adulthood. This makes early planning essential.
What Is the Newburgh v. Arrigo Test?
The leading case is Newburgh v. Arrigo, 88 N.J. 529 (1982), where the New Jersey Supreme Court set out a non-exhaustive list of 12 factors courts weigh when deciding whether — and how much — a parent must contribute to higher education:
- 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 child’s expectation 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, and 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.
What Most People Get Wrong: “My Obligation Ends at 18”
The most common misconception is that a New Jersey parent’s financial responsibility automatically ends when a child turns 18 or graduates high school. It does not. New Jersey law treats college contribution as a continuing aspect of parental support, and a court can order a divorced parent to contribute to tuition, fees, room, and board for a college-aged child. The flip side is also misunderstood: contribution is not automatic or unlimited — the child’s own resources, financial aid, grants, loans, and earnings are all part of the analysis, and courts can cap a parent’s share rather than require payment for any school at any price.
Does the Child Support Statute Address College?
Yes. The child support statute, N.J.S.A. 2A:34-23(a), directs courts to consider, among other factors, the “need and capacity of the child for education, including higher education,” along with the income, assets, and earning ability of the child and each parent. The detailed Newburgh factors are judicially created and work alongside these statutory considerations; courts balance both to reach a fair result. Note that college contribution is analyzed separately from the guidelines-based math explained in our NJ child support calculator guide — the Child Support Guidelines generally do not govern college-age support.
Why Timing Matters: The Gac v. Gac Rule
In Gac v. Gac, 186 N.J. 535 (2006), the New Jersey Supreme Court emphasized that a parent or child seeking contribution should make the request before the educational expenses are incurred. The Court warned that failing to do so will weigh heavily against a later application. The practical lesson: communicate early, involve the other parent in college decisions, and bring any contribution dispute to court before the bills pile up — not after the child has graduated.
What About Estrangement?
A child’s strained or nonexistent relationship with the paying parent is one of the Newburgh factors (factor 11) and can affect the obligation. In Ricci v. Ricci, 448 N.J. Super. 546 (App. Div. 2017), the Appellate Division addressed emancipation and college contribution in a fact-intensive inquiry, reinforcing that these determinations turn on the specific circumstances of each family rather than a bright-line rule. Estrangement alone does not automatically eliminate the obligation, but it is a factor the court weighs.
When Does Child Support End in NJ?
Separate from college contribution, New Jersey’s child support termination statute, N.J.S.A. 2A:17-56.67 (effective February 1, 2017), provides that child support terminates by operation of law when a child turns 19, unless an exception applies. Support can be continued — but not beyond the child’s 23rd birthday — when:
- Another termination age is specified in a court order or judgment (not beyond 23);
- The child is still in high school or another secondary program;
- The child is enrolled full-time in a post-secondary program (college or vocational school); or
- The child has a severe mental or physical incapacity, or a disability that existed before age 19, that requires continued support.
A custodial parent must file a written request before the child turns 19 to continue support under the high-school or post-secondary exceptions. Beyond age 23, support can no longer be collected as “child support,” though a court may convert the obligation to another form of financial maintenance in limited circumstances, such as a severe disability. If circumstances have changed, our guide on how to modify child support in NJ explains the filing process. The New Jersey Courts self-help center also publishes general information on support termination.
Step-by-Step: Addressing College Contribution
- Check your settlement agreement for any clause on college costs — many divorce agreements address this directly.
- Communicate early with the other parent about the child’s college plans, in line with Gac.
- Gather financial information — tuition and cost figures, proof of enrollment, and documentation of all financial aid, scholarships, grants, and loans.
- File before expenses are incurred if a dispute exists, so the court can weigh the Newburgh factors prospectively.
- Present the full picture — both parents’ finances, the child’s resources and earnings, and the appropriateness of the chosen school.
Local Context: College Contribution in Ocean County
For families in Toms River, Brick, Lakewood, Jackson, Point Pleasant, Barnegat, Manchester, and Stafford, college-contribution and emancipation motions are filed in the Ocean County Superior Court, Family Part, at 120 Hooper Avenue, Toms River. Because the analysis is highly fact-specific, the strength of your financial documentation is often decisive. Our child support attorneys handle contribution and emancipation disputes on both sides.
Frequently Asked Questions
Can a court really make me pay for college?
Yes. New Jersey is among the states that permit courts to order divorced or separated parents to contribute to higher education costs.
Do I have to pay for an expensive private or out-of-state school?
Not necessarily. Courts weigh the cost against the family’s resources and the child’s options, and a parent’s share can be limited rather than open-ended.
Does my child have to contribute too?
Yes. The child’s own savings, earnings, financial aid, grants, and loans are part of the Newburgh analysis.
What if my child won’t speak to me?
Estrangement is a relevant factor, but it does not automatically end the obligation. The outcome depends on the full set of facts.
When does my child support obligation end?
By default at age 19 under N.J.S.A. 2A:17-56.67, extendable to a maximum of 23 in defined circumstances such as full-time college enrollment.
Closing
College contribution in New Jersey blends a long-standing Supreme Court test with practical financial realities, and timing your request correctly can make a real difference. If you have questions about paying for — or seeking contribution toward — your child’s college costs, Horn Law Group can help you understand your rights and obligations. Call (732) 736-9300 or visit 801A Main Street, Toms River, NJ 08753 to schedule a consultation.
