How much will it cost your client for college after divorce? That may depend on their divorce settlement or any other type of agreement divorced parents have, but also can be mitigated by state law. Weisberg Millner said N.J., for instance, requires the following factors be taken into consideration when college expenses are apportioned to parents:
• 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.
• The relationship of the education requested to any prior training and to the overall long-range goals of the child.
“In some cases, courts have recognized that the needs of the child may even go up when they go away to school,” Weisberg Millner said. In some states, the determination of the amount of child support that is payable is recalculated when the child goes away to college or trade school.