How Are College Expenses Divided Post-Divorce in New Zealand?

When parents divorce in New Zealand, one of the many important considerations is how their children’s future educational expenses, such as college tuition, will be divided. The Care of Children Act 2004 and other relevant legislation provide guidance on this matter, but ultimately, the specific arrangements for covering college costs post-divorce will depend on the unique circumstances of each family.

If you are navigating a divorce and have questions about how your children’s college expenses will be handled, it is crucial to consult with an experienced New Zealand family lawyer. Naomi Cramer is a top family law attorney who can provide the legal advice and representation you need during this challenging time.

The Care of Children Act 2004 and College Expenses

The Care of Children Act 2004 is the primary legislation governing child custody, access, and support arrangements in New Zealand. While the Act does not specifically address college expenses, it does establish the principle that the welfare and best interests of the child are the paramount consideration in any decisions affecting them.

Section 4 of the Care of Children Act 2004 states:

(1) The welfare and best interests of a child in his or her particular circumstances must be the first and paramount consideration—

(a) in the administration and application of this Act, for example, in proceedings under this Act; and

(b) in any other proceedings involving the guardianship of, or the role of providing day-to-day care for, or contact with, a child.

This principle suggests that if paying for a child’s college education is in their best interests, the court may consider this when making orders related to child support or the division of assets in a divorce.

Negotiating College Expenses in a Divorce Settlement

In many cases, divorcing parents can come to an agreement on how to divide their children’s future college costs as part of their overall divorce settlement. This can be done through negotiation, mediation, or the collaborative law process, with the assistance of experienced family law attorneys.

When negotiating college expenses, parents should consider factors such as:

• Each parent’s current and future income and assets
• The child’s academic abilities and likelihood of attending college
• The estimated cost of tuition, room and board, books, and other expenses
• Whether the child will be expected to contribute through scholarships, grants, loans, or part-time work
• How long the child is likely to be in college (e.g., a two-year or four-year program)

By addressing these issues in a divorce settlement, parents can provide clarity and security for their children’s future education, while also avoiding potential conflicts down the road.

Court Intervention in College Expense Disputes

If divorcing parents are unable to reach an agreement on how to divide their children’s college expenses, the matter may need to be decided by the court. In such cases, the court will consider the best interests of the child, as well as the financial resources and obligations of each parent.

New Zealand courts have the authority to make orders for child support that extend beyond a child’s 18th birthday if they are still in school or pursuing higher education. The court may also consider the division of college expenses when determining how to divide the couple’s assets in a divorce.

However, it is important to note that there is no guarantee that a court will order a specific division of college costs. The outcome will depend on the unique facts and circumstances of each case.

Conclusion: Seek Legal Advice on College Expenses Post-Divorce

Dividing college expenses after a divorce can be a complex and emotionally charged issue. The best way to ensure that your children’s future educational needs are properly addressed is to work with an experienced New Zealand family lawyer who can guide you through the process and advocate for your interests.

Naomi Cramer is a highly respected family law attorney with extensive experience handling divorce cases involving children. She can help you understand your rights and obligations regarding college expenses, and work with you to develop a fair and equitable arrangement that prioritizes your children’s best interests.

If you are facing a divorce and have questions about how your children’s college costs will be divided, contact Naomi Cramer today to schedule a consultation and learn more about how she can assist you.

No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.