Law Lessons from CLAYTON v. DETER, Appellate Division, A-1574-06T1 [LINK], June 21, 2007:

In Newburgh v. Arrigo, 88 N.J. 529 (1982), the Supreme Court recognized a “prima facie, though not conclusive,” presumption in favor of emancipation once a child reaches the age of eighteen. 88 N.J. at 543. The duty of the parent to support the child can continue, however, “where a child, after attaining majority, seeks contribution from a non-custodial parent for the cost of a college education.” Ibid. In that circumstance, twelve factors should be considered to determine the existence and scope of the non-custodial parent’s obligation to continue the support.

In evaluating the claim for contribution toward the cost of higher education, courts should consider all relevant factors, including (1) whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education; (2) the effect of the background, values and goals of the parent on the reasonableness of the expectation of the child for higher education; (3) the amount of the contribution sought by the child for the cost of higher education; (4) the ability of the parent to pay that cost; (5) the relationship of the requested contribution to the kind of school or course of study sought by the child; (6) the financial resources of both parents; (7) the commitment to and aptitude of the child for the requested education; (8) the financial resources of the child, including assets owned individually or held in custodianship or trust; (9) the ability of the child to earn income during the school year or on vacation; (10) the availability of financial aid in the form of college grants and loans; (11) the child’s relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and (12) the relationship of the education requested to any prior training and to the overall long-range goals of the child.
[Id. at 545.]

In adopting N.J.S.A. 2A:34-23(a), the Legislature “essentially approved those criteria.” Gac v. Gac, 186 N.J. 535, 543 (2006).

Thus, a trial court should balance the statutory criteria of N.J.S.A. 2A:34-23(a) and the Newburgh factors, as well as any other relevant circumstances, to reach a fair and just decision whether and, if so, in what amount, a parent or parents must contribute to a child’s educational expenses.
[Ibid.]

The event that triggers the court’s obligation to conduct a plenary hearing under Newburgh and its progeny, however, is the child’s continued enrollment in school beyond the presumptive age of emancipation. Or, alternatively,
[A] parent or child seeking contribution towards the expenses of higher education will make the request before the educational expenses are incurred. As soon as practical, the parent or child should communicate with the other parent concerning the many issues inherent in selecting a college. At a minimum, a parent or child seeking contribution should initiate the application to the court before the expenses are incurred. The failure to do so will weigh heavily against the grant of a future application.
[Id. at 546-47.]