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Anticipating the Obligation to Pay College Expenses
In contemporary American society, a college education is increasingly being seen as necessary to maintaining a decent standard of living. While many parents assume some responsibility for contributing to their child's post-secondary educational expenses, the situation for divorced parents is more complex. This article discusses several points related to this issue. First, under what circumstance may a court order a divorced parent to pay for the college expenses of his or her child? Second, if a parent agrees to provide such support, what are the practical considerations that should be addressed in the agreement?
A Question of State Law
Whether or not a court can impose an obligation to pay college expenses upon a divorced parent depends on state law. Approximately one-third of the states have case law or statutes that provide for the imposition of such expenses upon a divorced parent. States have utilized several methods to accomplish this end. In some states, it has been held that a court can exercise its equitable powers to provide for support of a child beyond the age of majority and that college expenses can be included as a part of the child-support obligation. Several states have specific statutory provisions that allow for the imposition of post-majority education subsidy for “good cause” or “where deemed appropriate.”
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