In further support of his arguments on appeal, plaintiff relies upon Jacoby v. Jacoby, 427 N.J. Super. 109 (App. Div. 2012), and Hudson v. Hudson, 315 N.J. Super. 577, 584 (App. Div. 1998). Plaintiff contends that our opinions in these cases show that the phrase "direct or indirect child support" in the Agreement includes college costs and expenses as a matter of law. He therefore argues that the Agreement relieves him of any responsibility to pay M.H.'s college costs.
Although a current spouse's income "does not create an obligation on such spouse to share in his or her spouse's parental responsibility for college expenses," that income "is still relevant in the determination of the financial resources of a parent and the impact of such resources on determining a parent's contribution to college expenses." Hudson v. Hudson, 719 A.2d 211, 215 (N.J. Super. Ct. App. Div. 1998) (internal quotations omitted). "A court cannot consider issues such as college contribution in a vacuum and disregard substantial economic benefits and financial resources inuring to the benefit of a parent as a result of a remarriage.
Although "[t]he payment of college costs differs from the payment of child support for a college student," they are "related obligations imposed on parents." Id. at 121 (quoting Hudson v. Hudson, 315 N.J. Super. 577, 584 (App. Div. 1998)). While the need for child support may decrease in certain respects, such as room and board, which are typically college costs, we have also recognized "the possible continued need to maintain a local residence for a child who returns home from college during school breaks and vacations."
We have also recognized "the possible continued need to maintain a residence for a child who returns home from college during school breaks and vacations." Id. at 121 (citing Hudson v. Hudson, 315 N.J. Super. 577, 585 (App. Div. 1998)). Because child support determinations in this context are fact-sensitive, "courts faced with the question of setting child support for college students living away from home must assess all applicable facts and circumstances, weighing the factors set forth in N.J.S.A. 2A:34-23(a)."
Div. 2012). "Child support and contribution to college expenses are two discreet yet related obligations imposed on parents." Hudson v. Hudson, 315 N.J. Super. 577, 584 (App. Div. 1998). We have explained some of the differences:
"Child support and contribution to college expenses are two discrete yet related obligations imposed on parents." Hudson v. Hudson, 315 N.J. Super. 577, 584 (App. Div. 1998). "[T]ypical expenses associated with college attendance include tuition, registration fees, lab costs, housing, board, books, and computer costs." Jacoby, supra, 427 N.J. Super. at 121.
But the judge did not consider the fact that Roder's arrears were for child support, not college expenses, which are two different things. Hudson v. Hudson, 315 N.J. Super. 577, 584 (App. Div. 1998) (noting that college expenses and child support are interrelated but "discrete" obligations). Finally, the judge observed that there seemed to be "substantial questions as to who the appropriate Estate Administrator should be," but he concluded that administration of the estate was not properly before the court.
This court has previously recognized that when a child is attending college and living on campus, contributions to college expenses and continued support for that child are "discrete yet related obligations," the extent of which "depends on the facts of each case." Hudson v. Hudson, 315 N.J. Super. 577, 584-85 (App. Div. 1998); see Beck v. Beck, 239 N.J. Super. 183, 190 (App. Div. 1990) (discussing tuition and reduction in child support included in unallocated alimony); cf. R. 5:7-4 (requiring a showing of "good cause" for award of unallocated support).
The payment of college costs differs from the payment of child support for a college student. See Hudson v. Hudson, 315 N.J.Super. 577, 584, 719 A.2d 211 (App.Div.1998) (“Child support and contribution to college expenses are two discrete yet related obligations imposed on parents.”). The typical expenses associated with college attendance include tuition, registration fees, lab costs, housing, board, books, and computer costs.
It is well-established that college contribution differs from child support of a college student. See Hudson v. Hudson, 315 N.J.Super. 577, 584 (App. Div. 1998) ("Child support and contribution to college expenses are two discrete yet related obligations imposed on parents.").