Child Custody and Religion

d. Hoefers v. Jones, 288 N.J. Super. 590 (Ch. Div. 1994), aff’d, 288 N.J. Super. 478 (App. Div. 1996).

In this case, the father filed a motion to terminate his legal obligation to pay a portion of the children’s Catholic school tuition. Pursuant to the PSA he was required to pay for his children’s Catholic school tuition for his two children. The parties were divorced in 1991. Pursuant to the PSA the plaintiff/mother was designated the primary residential parent.

The parties’ PSA further provided for the defendant’s payment of weekly child support as well as for his payment of the children’s private school tuition for the 1991 and 1992 school year. The defendant made those tuition payments. However, he objected to making any further payments for the Catholic school tuition. The father contended that he was a firm believer in the benefits of receiving public school education. Moreover, the father objected to the mixing of religion in everyday schooling. The father acknowledged that he did not have any discussions with his former wife about the subject of receiving a Catholic school education. Moreover, the court noted that while the couple was married, he took no steps to enroll the children in public school.

The father argued that by forcing him to pay for Catholic school this violated his First Amendment right to freedom of religion, and it also constituted an involuntary support of religion. The Appellate Court did not “buy” this argument. The court held that the children’s best interest was that they should continue attending Catholic school.

e. Feldman v. Feldman, 378 N.J. Super. 83 (App. Div. 2005).

Continue Reading