Certainly, if a divorcing couple in New Jersey has children on the verge of entering college, the inclusion of a college support agreement in the divorce settlement might be a smart idea. College support agreements are typically entered into in addition to child support or alimony amounts.

A typical college support agreement would detail each parent's responsibility for college expenses. Such an agreement could also:

  • Limit one parent's exposure to such expenses, perhaps with a reference to the cost of the local state school
  • Place restrictions on choices of colleges
  • Specify what expenses are covered, such as tuition, housing, books, extracurricular activities and a monthly allowance

It is important to note here, that even if divorcing parties agree to a college support agreement, in some states courts can override the stipulations negotiated between the divorcing parties.

In general, in making these types of decisions, courts will look at the overall financial picture of the parents and the children involved. Basically, courts seek to balance and equalize the playing field, making sure that one parent is not treated unfairly with respect to paying for a college education. As a result, courts will consider such factors as income of the parents and the college expenses.

Any divorcing couple in New Jersey that may be faced with paying for college should consider the possibility of an up-front lump-sum college support payment. Obviously, this assumes that such funds are available, and that an amount can be agreed upon. This may be especially difficult if children are young and future college costs must be computed in today's values. An experienced family law attorney may be helpful in determining how to handle college tuition in the event of a divorce.

Source: Forbes, "Who Pays for College Tuition? Top Factors for Divorcing Women to Consider," Jeff Landers, Jan. 24, 2012