Cliffside Park, NJ asked in Family Law and Child Support for New Jersey

Q: I have twin 19yr old daughter's in college if one comes to live with me do I still have to pay supportfor the other

They both reside with their mother but one might come live with me. So wondering if they would cancel each other out if we both have one.

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2 Lawyer Answers

Michael A. Conte

Answered
  • Pennington, NJ
  • Licensed in New Jersey

A: It depends. Child support for children in college is supposed to be based on the child's reasonable needs. You also need to consider the interplay between college costs for the child and child support. Certain expenses overlap - for instance you generally pay room & board to a college and paying for shelter and food is part of what constitutes child support. As these expenses may be different for different children, one of your girls may have higher costs than the other one. That said, you can come to an agreement (for simplicity sake or otherwise) with you ex-spouse to agree that neither party will pay support to the other party. If you go that route, you should retain a family law attorney to draft a simple consent order, for your ex to sign and then to submit to the Court. If your ex will not agree, then you will need to file an application with the Court to enter a new order determining the issue.

Leonard R. Boyer

Answered
  • Brooklyn, NY
  • Licensed in New Jersey

A: Each case will have to be decided on the specific facts of that case. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

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