Law Lessons from DiRenzo v. Zigarelli, App. Div. (A-2407-07T1; Decided April 9, 2009):
Photo by maureen_sill
In this case, while college expenses were never discussed during the parties’ divorce; and the parties’ Property Settlement Agreement (PSA) is silent on this issue, that does not necessarily relieve defendant of his responsibility to contribute toward the children’s postsecondary education. In Newburg[h] v. Arrigo, 88 N.J. 529 (1982), the Supreme Court of New Jersey held that in appropriate circumstances, parental responsibility includes the duty to assure children of a college education. Id. at 544.
In evaluating a claim for contribution toward the cost of higher education, courts consider all relevant factors, including 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; and the commitment to and aptitude of the child for the requested education. Id. at 545.
[See related Blog Post, published in the New Jersey Family Law blog.]
Print This Post
Leave a comment
Sorry, the comment form is closed at this time.