Planning for College After Divorce

For many families, planning for a child’s college education is a major milestone. But for divorced or separated parents, it often comes with added stress and legal complexity. In New Jersey, both parents may be required to contribute financially to their child’s higher education, even after a divorce. Understanding your rights, responsibilities, and options early on can help you avoid costly court battles down the road.

New Jersey’s Legal Approach to College Expenses

New Jersey is one of the few states where divorced parents are not only encouraged but often legally obligated to contribute to their child’s college education. This is based on a 1982 landmark case, Newburgh v. Arrigo, in which the New Jersey Supreme Court outlined 12 factors courts may consider when determining each parent’s financial responsibility.

These factors include:

• Whether the parent would have contributed if the family was still intact
• The financial situation of both parents
• The child’s ability to earn income or secure scholarships
• The availability of financial aid
• The reasonableness of the chosen college and its cost
• The relationship between the child and both parents
• The commitment of the child to education
• The child’s academic performance
• The impact of the obligation on the parent’s other obligations
• The value of the education to the child’s goals

What Happens If There’s No Agreement?

If your divorce settlement or custody order doesn’t outline college contributions, you may need to negotiate with your former spouse when the time comes. If no agreement can be reached, the court will likely intervene and assign payment responsibilities. This can be both expensive and emotionally draining.

At the Law Offices of Kelly Berton Rocco, we help clients avoid unnecessary litigation by crafting practical, realistic agreements tailored to their specific needs. We prioritize collaboration but are fully prepared to advocate in court if needed.

Questions Divorced Parents Should Ask

When working with a family law attorney to plan for college expenses, several key questions should be addressed:

• Should the child be expected to contribute to tuition or expenses?
• Will financial aid applications influence each parent’s contribution?
• Is there a cap on how much each parent will pay (e.g., cost of in-state tuition)?
• Who decides which college the child will attend?
• Will either parent be responsible for repaying student loans?

The answers to these questions can vary greatly depending on your child’s age, academic goals, and your family’s financial status. Addressing these issues in advance can reduce confusion and protect all parties from future conflict.

Don’t Wait Until Senior Year

Many divorced parents wait until their child’s final year of high school to begin these conversations. Unfortunately, that’s often too late. Waiting can lead to rushed decisions, miscommunication, and avoidable courtroom disputes.

We advise clients to begin planning during their child’s freshman or sophomore year of high school—or earlier if possible. Early planning allows both parents to manage expectations and prepare financially.

Crafting a Clear Agreement

A well-drafted agreement should outline:

• The scope of each parent’s contribution
• How payment responsibilities are triggered (e.g., acceptance to a college)
• How financial aid or scholarships impact payments
• A dispute resolution process if disagreements arise later
• Whether the child is expected to apply for aid or work part-time
• Limits on how many years the contributions will last

Another important factor to consider is how college-related expenses beyond tuition will be addressed. Costs such as room and board, textbooks, transportation, meal plans, and even study abroad programs can add thousands of dollars to the overall price of higher education. Parents should be clear about which of these expenses are included in their agreement and whether there will be limits. For instance, one parent may agree to cover tuition and mandatory fees, while the other agrees to cover housing or living expenses up to a certain amount. Including these details in writing can reduce future confusion and avoid resentment. Additionally, if a child is attending school out of state or living off-campus, these costs can fluctuate significantly from year to year. Parents should also decide how often they will revisit the agreement—such as annually or at the beginning of each academic term—to reassess their financial situations and make necessary adjustments. These conversations can be difficult, but a family law attorney can help mediate and ensure that all considerations are factored into the final agreement. At Kelly Berton Rocco, we help our clients account for both expected and unforeseen costs so they can protect their finances while supporting their child’s academic success.

The goal is to prevent last-minute legal battles when tuition is due. Agreements can be added as modifications to an existing divorce decree or created as separate court-enforceable documents. Either way, the more detailed and specific the agreement, the easier it will be to enforce.

Negotiation vs. Litigation

Litigation is sometimes necessary, but it should not be the first step. Negotiation is faster, less expensive, and often less damaging to co-parenting relationships.

At Kelly Berton Rocco, we use our decades of experience to help parents reach agreement through clear communication and legal guidance. We stand by our clients in every conversation and negotiation, providing a calm and knowledgeable presence.

When negotiation fails, we are fully prepared to represent you in court and fight for a fair result. But our clients often find that our strategic approach to out-of-court resolution leads to better, faster outcomes.

What If Circumstances Change?

Financial situations evolve. A parent may lose a job, remarry, or face unexpected expenses. A child may change schools or need extra financial support.

New Jersey courts allow for modification of college contribution agreements if there’s a significant change in circumstances. We help clients file or respond to modification motions and ensure any updated agreements are clear and enforceable. Our team also advises on documentation and evidence to support your position in court.

Additionally, if one parent refuses to pay their share as previously agreed, we assist clients in seeking enforcement through the courts. These cases can be complex and time-sensitive, especially when payment deadlines are approaching.

Realistic Expectations and Compassionate Representation

Every family is different. What works for one divorced couple might not suit another. That’s why our approach at the Law Offices of Kelly Berton Rocco is both personalized and practical. We help parents avoid one-size-fits-all plans and instead guide them through crafting tailored, sustainable solutions.

Clients consistently describe our team as respectful, responsive, and compassionate. We understand the emotional weight of these decisions and are committed to making the legal process as smooth as possible. Whether you are drafting a new agreement, modifying an existing one, or preparing for litigation, we offer the knowledge and support needed to navigate each step.

We also encourage clients to include communication protocols in their agreements, so future discussions can remain productive and respectful. Transparency around financial obligations helps reduce tension and protect the child’s emotional wellbeing.

Serving Bergen County and Beyond

With our office located directly across from the Bergen County Courthouse in Hackensack, we are ideally situated to serve families throughout northern New Jersey. Our practice covers Bergen, Passaic, Hudson, Essex, and Morris counties. We have proudly represented clients in towns such as Ridgewood, Paramus, Oradell, Glen Rock, Wyckoff, Allendale, Ho-Ho-Kus, River Edge, Franklin Lakes, Saddle River, and Upper Saddle River.

We offer free 30-minute telephone consultations and guarantee that all inquiries are answered by the next business day. Clients appreciate our timely communication, and we pride ourselves on offering effective, client-focused representation.

Final Thoughts

College planning doesn’t need to be another source of conflict after divorce. With early planning and the right legal guidance, parents can reach fair and flexible agreements that support their child’s future.

At the Law Offices of Kelly Berton Rocco, we are committed to helping parents navigate college contribution issues with care and precision. Whether you need to draft a new agreement, enforce an existing one, or explore modification, we’re here to help you every step of the way.

To schedule your free telephone consultation, contact our office today. Let us help you secure your child’s educational future—without unnecessary conflict or delay.