Custody and child support are often very touchy subjects for divorced or separated parents. Both parents want the best for their children, but the arrangements aren’t always easy. As a child nears high school graduation, both parents may be wondering what comes next. College tuition costs are rising and most parents will need to assist their children. In the case of separated parents with a child support and custody arrangement, how does child support for college students work?
Different states have different requirements for divorced parents regarding covering college expenses. In about half the states, the court can order the non-custodial parent to contribute to college expenses. However, in Ohio, the court does not have the ability to order either parent to pay for a child’s college tuition or expenses. The legal obligation to support a child normally extends only until the age of 18, or when a child has graduated high school, whichever comes later. If parents don’t agree on a support arrangement through the college years, it can’t be settled through the court system.
Although the court system can’t force a parent to pay for a college student’s tuition, that doesn’t mean that the court cannot enforce an agreement between the parents. If the parents agree that one or both will be responsible for expenses during college, they can put this in their child support agreement, and that agreement is then enforceable.
When determining a child support agreement, the court will look at the financial picture of both parents, as well as the child’s needs. The court will consider income, assets, and expenses. When considering child support through college, look ahead to how old you will be at that time and what your earning potential may be.
Before putting a provision in the custody and child support arrangement, it’s important to think through all the potential future implications that can result. Many of the financial responsibilities may not be known for years, and there are many variables that can impact the arrangements. Before either spouse enters into a legally binding agreement, speaking with a child support attorney can help.
Your attorney can go through the various scenarios with you and help you understand the implications of the decisions you are currently making. These are financial decisions that every parent will need to make when their children are ready for college, and a parent’s position may shift over the years as the children grow. Your attorney can help you look toward the future and make the best decision for an agreement that will benefit everyone when college time arrives.
Every parent has difficult decisions to make when deciding how to finance college tuition. When you first separate and draw up a child support and custody arrangement, it is smart to look to the future and make those decisions early on, with the support of your attorney. Since child support is not required during the college years, you may want to make provisions for your family to ensure that both parents are ready to support their college aged children. If you’d like to discuss your options for settling a financial agreement with your former spouse to meet the college expense demands for your children in the future, please contact my office today.