It’s almost back-to-school time and many area students rely on their parents to cover all of their college-related costs that remain after scholarships, grants, and loans. This can be a very stressful situation for kids and parents, particularly those in divorced families committed to contributing to their child’s college costs. There will be some parent who will decide that he/she is unhappy with that commitment and will often leave the child in a lurch while the two parents argue as to how the costs will be covered.
A recent unpublished New Jersey Appellate Division case has dealt with the parents’ obligations for the payment of college-related costs and expenses when one party has decided she doesn’t want to follow the terms of the parties’ Property Settlement Agreement (PSA). In Polcari v. Polcari, Docket No. A-3538-14, the Court not only evaluated the factors under Newburgh v. Arrigo, 88 N.J. 529 (1982), and N.J.S.A. 2A:34-23, the Court found that a plenary hearing “was not necessary in light of the specified terms of the PSA and the certified financial information the parties had submitted.”
The Trial Court had allocated, by percentages, the amount each parent was to be responsible for based strictly on their respective incomes. The Appellate panel found that, considering the circumstances, the findings were fair and just.