With over 35 combined years of exclusive family law experience, our attorneys can help you understand whether you may have to contribute toward your child’s higher education in addition to child support and pursue a favorable arrangement on your behalf. Even when an agreement is Nevertheless, if college expenses are something you decide to put in a separation agreement, you should address all possible situations during negotiations, including how you all plan to save for college. Required fields are marked *. In general, there are many nuances and complexities to these situations. In some states a court may be permitted to order a parent to pay for post-high school education, but limit the duration of the obligation to when the child turns 21. Molly is rated AV - the highest possible rating- by her peers through the Martindale and Hubble rating process and has been recognized as a Superb Family Law attorney and Client's Choice 2012 by Avvo.com. But college tuition expenses are included in a child support agreement. …you may be surprised to discover that your legal responsibility to pay child support for your “children” extends to college tuition and expenses (in part or in whole). All rights reserved. More children added to the family, a serious or debilitating illness plaguing your life, or your financial situation worsening, are all plausible factors that could affect your obligation –  one that you now cannot afford. currently in college, however, the late filing date of the petition will prove This will block the ability of either spouse from withdrawing money unless it is for the child's education. tuition. Many states do not have defined statutes or court rulings that would allow a court to issue an order that a parent is required to pay for a child’s college tuition. Suite 1500 In such a situation, would you still be willing to support an obligation to pay his or her college expenses? Language such as “reasonable expenses” should be avoided unless there is a clear definition of the terms. Monica Rands-Preuss is licensed both in California and Washington. What to Consider before Signing Your Prenup. college expenses to be filed. Sometimes, though, divorced parents will not have addressed college expenses in … In addition to a basic child support obligation, a parent may be required to contribute towards college expenses. If a judgment of divorce is silent as to college expenses for one’s While it is true that child support can pay for college tuition, there are numerous factors the court must consider before whether that would be the case or whether the college contribution will be ordered above and beyond that base order. Basic child support is calculated based on a formula using initially the first $143,000 (as of 2016, this number changes over time) of both parents’ combined income and a discretionary amount or an amount based on the same formula for income that exceeds $143,000.00. When two parents handle their divorce appropriately, they should address issues like child support and college tuition during their divorce. Don't take our word for it, read testimonials from our past clients to get an idea of how we can help your family get through this difficult time. Read more testimonials from our past clients +. Your ex-spouse disagrees. In any situation where the parents of a child are not in a relationship and do not cohabitate, they should attempt to resolve any issues regarding economic support of the child without court intervention. My ex and his lawyer did everything they could to bleed me dry and drag the proceedings out. If a child is no longer under their parent’s roof and lives without financial assistance, a judge may decide that the child is emancipated and not order child support or make either parent pay for college expenses. a risk. What if there is an excellent, low-cost, public university the child can attend, but the other parent prefers that the child attends a high-cost private university? Or you may decide to divide the plan equally so each parent can have control over his or her share of the child's education savings. But college tuition expenses are included in a child support agreement. Website Users should not act upon this information without seeking professional legal counsel. Your email address will not be published. This means the amount of the award is generally left to the discretion of the court, and the court … expenses. Parents can include terms in a separation agreement that require each to contribute a certain amount or percentage of income toward saving for a child’s education.

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