Two New Jersey parents will have to foot part of the bill for their daughter's out-of-state college tuition, even though she hasn't spoken to them in two years.

21-year-old Caitlyn Ricci lives with her grandparents, and her attorney claimed that she was kicked out of the family house, which her divorced parents said is not true.

A judge ruled on Thursday that whether Ricci was kicked out or not, the parents have to pay.

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Former prosecutor David Schwartz said on "Fox and Friends Weekend" that this is clear-cut case. In the state of New Jersey, following a divorce, college is legally a necessity for any children.

Therefore, Schwarz said, the parents are legally obligated to pay part of the tuition and the judge made the correct decision.

Criminal defense attorney Jonna Spilbor disagreed and said there are other factors the judge can and should have taken into account, including the relationship of the parties involved.

Since Ricci is legally emancipated and no longer living under her parents' roof, the judge should have ruled entirely the other way, Spilbor said.

"Bottom line is when you're getting divorced, you do not want to put in a position where the judge is making your parenting decisions for you, because, inevitably, it's not going to work to your benefit," she said.

Schwartz reiterated that the law is the law and if Spilbor, Ricci's parents or anyone else wants it to be different, then they should work on changing the law.

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