NJSBA Family Law Section

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  • 1.  Modifying responsibility for college expenses?

    Posted 09-25-2014 04:05 PM
    Does anyone know of a case where someone agreed to pay for a specific portion of the children's college expenses (in this example, agreed to pay for specific years of each kid's college) and then later filed a motion seeking modification due to change in income? (but he has assets)

      Is it treated as support (modifiable under change of circumstances) or contractual?

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    Laura Ruvolo Lipp Esq.
    Ruvolo Law Group, LLC
    www.ruvololaw.com
    [email protected]
    (973)993-9960
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  • 2.  RE: Modifying responsibility for college expenses?

    Posted 09-25-2014 04:31 PM

    I don't know of a case on point, but I don't think there will be any relief because, while it looks like it's in the nature of child support, it is contractual.  And that would be especially true if the client has assets with which he can pay the costs. 

     

    When he agreed to pay the costs, he really waived his rights to have it considered according to ability to pay.  He resolved that issue by consent.

     

     

    Mark F. Saker, Esquire

    Attorney ID #271831971
    Cerrato,  Saker & Wilder
    A Professional Corporation
    819 Route 33
    Freehold, New Jersey 07728
    O:  (732) 431-5000 X 125
    F:   (732) 462-0483
    C:   (732) 915-5190
    E:       [email protected]

     

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  • 3.  RE: Modifying responsibility for college expenses?

    Posted 09-27-2014 11:20 AM
    Whether an agreement to contribute to college is a contract rather than a support obligation (and thus not subject to a Lepis / changed circumstances application) is an interesting question.... I don't think it's settled / an easy one. Without more facts, I think we'd have to give the standard "lawyer answer" .... it depends. ------------------------------------------- David Perry Davis, Esq. 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax: 609-737-3222 -------------------------------------------
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  • 4.  RE: Modifying responsibility for college expenses?

    Posted 09-27-2014 11:24 AM
    Actually, scratch my prior answer - it's wrong. Yes, an obligation / agreement to pay for college as set forth in a PSA is subject to modification on a change in circumstances. Black v. Black, 436 N.J.Super. 130 (Ch.Div. 2013). Parties agree to pay for college in their PSA; subsequent breakdown in relationship between parent and child found to be a change in circumstances (thus a Lepis analysis was performed and would be available for any change). ------------------------------------------- David Perry Davis, Esq. 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax: 609-737-3222 -------------------------------------------
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  • 5.  RE: Modifying responsibility for college expenses?

    Posted 09-27-2014 12:16 PM

    I have briefs arguing this issue from both sides.  If you send me private email I will send them to you next week.

    Teri S. Lodge, Esq.

    Holston, MacDonald, Uzdavinis, Zeigler and Lodge

    66 Euclid St.

    Woodbury, NJ 08096

     

    (856)848-5858




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