NJSBA Family Law Section

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  • 1.  Reduction in child support for college student

    Posted 09-05-2018 03:22 PM
    Hello all. I'm sure we've all negotiated situations where child support should be reduced for the duplicative expenses of room and board when a child is attending school out of town, and in my case they've all been somewhat subjective and fact-sensitive. Have any of you developed a "rule of thumb," a set percentage or even a range of percentages for the reduction in support when it's only one child? Thanks in advance.

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    Gina Calogero

    Oradell NJ
    (201)265-5575
    [email protected]
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  • 2.  RE: Reduction in child support for college student

    Posted 09-05-2018 03:32 PM

    Gina,

    Do you have the 2015 and 2017 Family Law Symposium books?  If so, I can point you to helpful/relevant pages in same.  Amy Wechsler did a good job of laying out calculation options that I've used in negotiations.   

    If not, feel free to give me a call. 609-683-7400.

    3314.gif

    Misty A. V. Avallone, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ







  • 3.  RE: Reduction in child support for college student

    Posted 09-05-2018 03:41 PM

    Misty, I have the same question. I looked for the symposium books, but unfortunately, ICLE doesn't have them for sale that I see. Is it possible to share the calculations publicly?

    Tom king

     

    Thomas R. King, Esq

    C: 973-750-8348 O: 973-838-4464 Fax: 973-838-4469
    www.njfamily.law - www.njdivorce.law

     

    This e-mail and any attachment(s) are private, confidential, may be legally privileged, and are intended only for the named recipient. If you are not the named recipient, please notify us by return e-mail and delete this message.

     

     

     






  • 4.  RE: Reduction in child support for college student

    Posted 09-05-2018 05:02 PM
    Since posting this message, I was informed of the "Weisenbeck Rule" in which Judge Weisenback reasoned that the child support for 8 months of the year should only constitute the fixed expenses as per the guidelines, which is 37%. Misty, was this the formula suggested in the Symposium? According to the Weisenbeck rule, the formula is:

    (monthly support x 4) + (.37 x monthly support x 8) = adjusted annual support.

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    Gina Calogero

    Oradell NJ
    (201)265-5575
    [email protected]
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  • 5.  RE: Reduction in child support for college student

    Posted 09-05-2018 05:13 PM

    Gina,

    Yes, that was ONE of the FOUR options. That option assumes fixed and controlled costs will remain the same.  It results in a slightly lower weekly support amount during the 8 months of college and the full support amount for the 4 months the child is not at college. You should still consider other factors and the statutory analysis if necessary. 

     

    3314.gif

    Misty A. V. Avallone, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ







  • 6.  RE: Reduction in child support for college student

    Posted 09-06-2018 01:08 PM
    Agree - as to the formula offered, expressed slightly differently:

    19 weeks times regular child support amount  - assuming child is still at home 19 weeks of the year

    33 weeks times 63% of the regular child support amount – get the yearly amount and divide by 52 to get weekly obligation.  (figuring the child is away at school 33 weeks of the year)

    So: (19 x weekly CS) + (33 x 0.63 x weekly CS) = yearly CS. Then, yearly CS/52 = weekly obligation



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    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777
    [email protected]
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