In the course of a New Jersey divorce, the parties often enter into agreements that discuss future splits of costs and expenditures, sometimes called a Property Settlement Agreement (PSA) or Matrimonial Settlement Agreement (MSA). For example, parties often will include provisions in these agreements on who will pay for future college costs for their children, or for extracurricular activities. Sometimes, however, circumstances change after these initial agreements are made, and one party may seek to reduce his or her originally agreed-upon financial obligations. This often is much easier said than done—and must be based on a meritorious claim.
In a recent Superior Court of New Jersey opinion, the court considered a divorced couple’s obligations toward their sons’ college costs. The parties had four sons during their twenty-year marriage. When they divorced, they entered into a PSA, which included a provision that would divide the costs of college and secondary education evenly between the two parties.
The plaintiff filed a motion to reduce his child support obligation, which failed when the trial court required the plaintiff to still contribute 50 percent of college costs for two of his sons. The plaintiff appealed, arguing that he should not be obligated to pay for his two sons’ college expenses because he did not agree to their choice of schools.