Child Support: College Expenses

At least one parent often has the expectation that both parents will contribute to their child’s college expenses. What happens when the other parent does not want to share in the cost of university tuition, books, housing, food, and other needs? Can the Court order both parents to pay for a child’s undergraduate and/or graduate studies and collateral needs?

In short, if one parent does not want to contribute to their child’s college education—and they haven’t otherwise entered into a legally enforceable written agreement to do so—the Court will not require that parent to pay.

In most cases, a child support obligation begins at a child’s birth and does not end until the child becomes age 18, or until age 19 if the child is still enrolled in high school full-time and is not self-supporting. In the case of an adult child who is “incapacitated from earning a living and without sufficient means,” the Court may order a parent to pay support for the adult child.

As alluded to above, the Court can approve and enforce a stipulated agreement between parents to pay for the support of a child after the age of 18, including contributions toward college expenses. The catch is that unless the agreement regarding college expenses is made non-modifiable, a parent refusing to pay may attempt to have the Court modify the support order, citing a material change of circumstances since the agreement was executed.

Without one parent’s written agreement, there is nothing the Court can do to force that parent to pay for a healthy adult’s college education. Is this fair? The answer depends on which parent you are asking the question. Ultimately, each family dynamic is different financially, emotionally, geographically, etc.

Further Reading » Getting Married: Should You Consider a Premarital Agreement?

If possible, planning for college through savings and investments from the child’s young age will help ease, and maybe prevent, the stress involved with negotiating or arguing over each parents’ contribution to the child’s studies. We always recommend a consultation with an experienced financial advisor to plan your child’s and your own financial future.

It is important to know your rights, responsibilities, and options regarding child support and for negotiating an appropriate financial settlement in your matter. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

Child Support

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.