Family Law Blog

Does My Spouse Have to Pay For a Child's College?

Friday, December 21, 2018

When it comes to child support, a non-primary custody parent only has the obligation to pay child support until the child reaches the age of majority, otherwise known as 18 years old. There is an exception that states they will continue to pay until the child graduates high school if that comes later as well. However, most parents care for their child, and at this age, they want them to go to college. Both parents may even want to help pay for it, even if divorced. However, if your spouse doesn't, do they still need to contribute to a college education?

In most cases, if two parents agree to pay for college during a divorce, specific language will be added to the final papers to make it legally binding. As it can be many years before a child reaches college age, this can be an important step. However, there will be certain exceptions made if the paying spouse suddenly has a change in financial circumstances.

If you and your spouse can both agree that you both want to contribute to a child's college education, it should be written down in the divorce agreement. Furthermore, the language should also be flexible to make sure one parent can still contribute even if they make less later. It is important to talk over how to do this with your divorce lawyer so that it is in the child's best interests. College can be particularly expensive, so help from your ex-spouse should be welcomed. However, it is best to also make sure it is legally binding.

If you are going through a divorce and want to make sure a spouse will actually pay when it comes time to send your children to college, contact us today. We can help craft divorce papers to make sure it is included.