Child Support and College Expenses for Your Children

With intact marriages, parents can decide whether they will pay for a child’s college expenses. In many cases, child support payments end when a child turns 18 and the child graduates high school, though this can vary by state. However, a non-custodial parent can have financial obligations relating to a child’s college tuition and related costs—even for adult children.

Read on to learn about the responsibilities surrounding child support for college expenses, including college tuition and other educational expenses. This article explains how higher education costs are addressed in child support agreements, including a parent’s legal obligations and the factors courts consider when making decisions regarding a child’s college expenses. To get the best legal advice for your situation involving child support for college expenses, it is best to consult an experienced child support attorney in your state.

Child Support and College Education

When a child is still attending high school full-time and doesn’t yet have the means to support themselves, child support may continue until the child turns 19 (or the particular age of majority in your state). Child support can continue into a child’s future, though. Sometimes, child support is not just for minors.

A divorce decree or court order may fail to address a child’s college tuition. When this occurs, whether a parent can be required to pay for the cost of college, living expenses, and other forms of financial support during a child’s college years depends on your state’s child support law.

Legal Obligations for College Expenses

A parent’s circumstances largely dictate child support obligations, but they can vary widely. Child support payments can end when a child turns 18, completes high school, reaches the age of majority, or at some other point.

In some divorce settlements, the parties can agree on support for higher education expenses. Absent an agreement, a court may order the non-custodial parent to pay for a child’s college education as part of a child support order if state law allows.

An obligation to pay for college expenses will depend on the state law where you live. For example, California child support laws do not require either parent to pay child support for a child attending college. In most cases, California law does not impose financial obligations on parents to support an adult child during their college years, unless there is an agreement between the parents. On the other hand, about half the states have laws or case law allowing courts to order a non-custodial parent to pay for college expenses.

Negotiating College Costs

During divorce settlement negotiations, the parties may discuss which parent will cover college costs for their children. Even in states without laws requiring divorced parents to cover college expenses, courts typically enforce terms that require a parent to pay for the cost of college if the parents have agreed to such terms.

Considerations for Determining If a Parent Must Pay for a Child’s College Expenses

Determining whether a parent must pay for their child’s college education will depend on several factors. Courts may consider a parent’s income and assets. They may also consider the child’s best interests and eligibility for financial aid, including scholarships, loans, and grants.

Courts may also look at a parent’s age. For example, if a parent is over 60 with a modest income and assets, there may be no obligation to contribute. The court may find that it would be unfair to require an older parent with only a few earning years left to pay for a child’s college education. Each family has its own set of facts that a court can consider to determine whether a divorced parent must pay college costs and related expenses.

Get Help From a Family Law Attorney

If you need more information about child support responsibilities for college expenses, speak with an experienced child support attorney in your state. The requirements vary according to your state’s law and your situation. An attorney can provide legal advice involving child support for higher education expenses or other family law questions you may have. Get help today.