Many divorced parents often wonder whether or not they are required by law to pay for the education of their child. The answer ultimately depends on the state that the divorce has taken place in, for instance a Travis county divorce made in Texas will have different regulations than a divorce that took place in California.
Depending on if your divorce state has a law that gives the courts the authority to award post-secondary support (which is also called college support or post-minority support), you may be required to pay all of your child’s university education or only a portion of it. College support can be paid in addition to child support, or may be paid as a part of it, or as a separate payment after the ending of regular child support. The payment can be applied for any type of post-secondary school or institution including colleges, Universities, and vocational schools.
A court that has the power to order post-secondary support usually takes several different factors into consideration when actually ordering you to give college support for your child. These factors can include the financial resources of you and your ex, the resources of your child, the expectations you and your ex had for your child, you and your exes education level, whether or not the child had siblings that attained a post-secondary education, and the age of the child. Even though these factors vary in different states, each one will generally play a role in the process of the court’s decision making.
If you and your ex got divorced in a state that doesnít have a law that gives the courts the authorization to order post-secondary support, you can still agree to pay for college support. If this is the case, than the agreement has to be in writing, and must specifically and clearly describe each of the parent’s responsibilities for payment. There are also certain limitations that might be applied to the provisions in a typical divorce agreement for college support.
An example would be limiting the obligation of payment for support to a set number of semesters. Or another example could be putting a cap on the annual payment that either spouse has responsibilities for. Describing what will be included and covered under support payments is determined as well. Also taken into consideration is the effect that any grants, loans, or scholarships will have on the support.
There are many parents that want to know the responsibilities of the child when it comes to college. The answer ultimately depends on which state you got your divorce. An Austin divorce will have different approaches than a divorce made in Florida. Some states have requirements that a child has to meet in order to qualify for post-secondary support. These requirements can include; enrollment in an educational system that is post-secondary, enrolling in a certain number of credit hours for each semester, continued enrollment, and actual course attendance.
If you have been ordered to pay for support for your child’s post-secondary education and your child does not meet some of the requirements, do not think that this means you are not required to pay anymore. In order to be officially relieved of any sort of legal responsibility to pay, it may take a court order or the completion of an express agreement between you and your ex spouse.