When parents divorce or separate, questions about college expenses often arise: Will child support continue through college? Who pays for tuition, room and board, and other educational costs? The answers vary dramatically depending on your state's laws and the specific terms of your support agreement.
Does Child Support Cover College?
In most states, child support automatically ends when a child turns 18 or graduates high school, whichever comes later. This means there is no automatic obligation to pay for college. However, several exceptions exist that may extend support or create separate college expense obligations.
Some states have laws that allow courts to order parents to contribute to college expenses even after the child reaches adulthood. These include New York, New Jersey, Massachusetts, Connecticut, Indiana, and a handful of others. If you live in one of these states, college support may be court-ordered regardless of what your divorce decree says.
State Approaches to College Expenses
Mandatory contribution states give courts the authority to order divorced parents to pay for their child's college education. In these jurisdictions, judges consider factors like the parents' financial resources, the child's academic ability, and the cost of the institution. New Jersey courts, for example, can order support for college students up to age 23 under certain circumstances.
Agreement-only states make up the majority. In these states, courts cannot order college support unless the parents voluntarily agreed to it in their divorce settlement or separation agreement. Whatever you put in your divorce agreement about college is what you'll be bound by—courts generally won't add obligations later.
Even in states without mandatory contribution laws, parents can contractually agree to share college costs in their divorce settlement. These agreements are enforceable like any other contract term.
What College Expenses Are Covered?
When courts or agreements address college support, they typically include tuition and mandatory fees, room and board (whether on-campus or reasonable off-campus housing), books and required supplies, and sometimes transportation costs. Luxury items, spring break trips, and fraternity/sorority fees are rarely included unless specifically addressed.
Many agreements cap the obligation at the cost of an in-state public university, even if the child attends a private school. This protects the paying parent from being responsible for costs beyond a reasonable education. Review your agreement carefully for any caps or limitations on covered expenses.
Factors Courts Consider
In states where courts can order college contributions, judges typically examine the child's academic performance and aptitude for higher education, the financial resources of both parents, the child's own resources including savings and financial aid eligibility, the type of school and its cost, and whether the family would have paid for college had the marriage continued.
Courts don't automatically order parents to pay for any school the child chooses. The child's academic record, chosen field of study, and the reasonableness of the educational plan all factor into the decision.
The Child's Responsibilities
College support isn't unconditional. Courts and agreements typically require the student to maintain satisfactory academic progress, often defined as a minimum GPA and full-time enrollment. A child who fails classes or drops out may lose their right to parental support.
Many arrangements also require the child to apply for financial aid, scholarships, and grants. Any aid received typically reduces the parents' obligation. Students are expected to maximize available financial aid before parents cover remaining costs.
Some agreements require the child to maintain a reasonable relationship with both parents to receive support. Courts have upheld provisions cutting off support when adult children completely estrange themselves from the paying parent without justification.
Drafting College Expense Provisions
If you're negotiating a divorce settlement, address college expenses directly and specifically. Vague language like "parents will discuss college costs" creates future disputes. Instead, specify the percentage each parent will pay, what expenses are covered, any caps on total cost or per-year amounts, the types of schools covered, academic requirements the child must meet, how financial aid affects contributions, and what happens if circumstances change.
Consider including provisions for trade schools or vocational training as alternatives to traditional four-year colleges. Some children pursue other paths, and your agreement should account for that.
Modifying College Expense Agreements
Life changes between divorce and college enrollment. A parent may lose a job, become disabled, or have significant income changes. Most agreements can be modified if circumstances substantially change, though the process varies by state.
If your agreement was incorporated into a court order, you'll need court approval to modify it. If it's a private contract, modification may require mutual agreement or litigation over contract terms.
Getting Legal Help
College expense issues combine family law, contract law, and financial planning. Whether you're drafting an initial agreement, facing a dispute over existing terms, or seeking modification, an experienced family law attorney can protect your interests and help ensure your child's educational future is properly addressed.