Who Pays For Children's College After Divorce?

GALVESTON, TX, March 28, 2014

A teen who moved out of her parents' house after a fight during her senior year of high school had a place to stay and food to eat and continued as an honor student at a private school. But the girl did not know how she would pay the pricey tuition when she entered college the next year. Aided by her friends' father, she sued her parents for access to her college fund.

The lawsuit - which also requested living expenses and tuition for her private high school - made national headlines and was the subject of criticism on social media. Days after a hearing in the case, the girl moved back in with her parents, who are married to each other. But her story touches on a significant problem for many families: Who pays for college when parents divorce or the family is split in other ways?

The question is becoming more important as the costs of college rise. For the 2013-14 school year, the median cost of tuition and fees at U.S. colleges was $11,093. Parents and others continue to debate whether they should pay for some or all of their children's college education, but many parents want to help their children obtain an education with no debt or less debt.

Divorced Texas Parents Can Plan For College Expenses

Some states have laws or legal precedents that allow judges in divorce cases to order one or both parents to contribute to a child's or children's college education as part of child support orders. Other states, including Texas, do not have such laws. Typically, in Texas child support is no longer ordered after a child reaches age 18 and has graduated from high school.

But parents who divorce can and should determine how they will contribute to their children's college education expenses. A court cannot order this agreement, but it can be incorporated into a divorce or custody and support agreement. It is essential that you have an experienced attorney to draft these agreements in a proper way in order to make them enforceable.

College support agreements may cover which expenses will be covered, such as:

- Tuition
- Fees and books
- Room and board
- Transportation

They can create limits such as:

- The amounts each parent must contribute
- Which colleges a child can attend

Sometimes, parents agree to pay a certain percentage of college costs. In others, they agree to pay a lump sum toward college costs at the time of divorce.

Contact A Lawyer To Learn More

The bottom line for parents is that college support agreements can be flexible and designed to meet your needs and those of your child or children. When properly drafted, they can create enforceable contracts. An experienced attorney can advise you on whether you should consider a college support agreement in your divorce or custody and support proceeding.

Kerr, Hendershot & Cannon represents Texas families with divorce and other family law matters. To learn how we can help you, visit http://www.khcgalvestonfamilylaw.com/ or call 409-229-4610.