 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Moehring v. Maute8/12/1993
6) the financial resources of both parents; (7) the commitment to and aptitude of the child for the requested education; (8) the financial resources of the child, including assets owned individually or held in custodianship or trust; (9) the ability of the child to earn income during the school year or on vacation; (10) the availability of financial aid in the form of college grants and loans; (11) the child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and (12) the relationship of the education requested to any prior training and to the overall long-range goals of the child.
Id. at 545, 443 A.2d 1031.
Sheri Ann has only one remaining year of college. She is attending a state college, at which the cost of tuition, room and board is very modest compared to most private schools. Sheri Ann has been diligent in her studies, achieving good grades even while recovering from her injuries.
Among the Newburgh factors, the parents' ability to pay is clearly the most significant. See Weitzman v. Weitzman, 228 N.J. Super. 346, 357, 549 A.2d 888 (App.Div.1988). Obviously, even if all of the other factors weighed in favor of the parental contribution, the parent cannot be compelled to contribute if the financial resources are lacking. The question here is whether the child's personal injury settlement should be disclosed and considered when the parent is able to pay the college expenses. This Court finds it should not.
A personal injury settlement differs from a custodial or trust account established for the child's education. Clearly, funds set aside for educational purposes should be utilized to defray the parents' obligation. The personal injury settlement, however, was intended to compensate Sheri Ann for her pain and suffering. Neither Sheri Ann nor her parents anticipated the settlement or relied on it in their financial planning for the child's future. The parties knew or should have known that they would be responsible for college expenses. Sheri Ann should not be required to dissipate those funds when her parents are capable of paying the college expenses.
Although Sheri Ann has reached the age of majority, she is not emancipated because she is still a full-time student and dependent upon her parents for support. So long as plaintiff is financially able to do so, he is obligated to continue that support until Sheri Ann graduates and becomes fully emancipated -- regardless of Sheri Ann's personal injury settlement.
In entering the July 10, 1991, order, the court found plaintiff able to pay Sheri Ann's college expenses. Plaintiff cannot shift his responsibility to his daughter absent evidence of changed circumstances. Cf. Cohen v. Cohen, 258 N.J. Super. 24, 30, 609 A.2d 57 (App.Div.1992.) "In New Jersey, the estate of a minor may not be used for his support and maintenance if those who are legally responsible for the minor have sufficient funds to enable them to fulfill their responsibilities."
Plaintiff's motion is denied and he shall continue to comply with the July 10, 1991, order.
|