Despite the fact that many parents are aware of paying child support as a way to provide for their children’s basic needs, some may still wonder about any additional expenses beyond child support. Child support and college fees are often linked. Parents often wonder if child maintenance can be used to pay college tuition.
As with so many family law issues, the answer depends on your situation. In most cases, child support payments must continue to be paid past a child’s 21st birthday if they remain financially dependent upon their parents. The child’s child support can extend to the graduation of the college if they are enrolled. Child support is almost never ordered once a child reaches the age of 23, regardless of whether or not they have graduated from college. The court will consider many factors to determine whether a child should receive child support only, or child support plus additional college contributions.
With more than 35 years combined exclusive experience in family laws, our attorneys are able to help you understand if you need to contribute to your child’s education on top of child support. They will also pursue favorable arrangements for you.
If you are a college student, there are certain situations where child support can be ordered.
State law requires parents to support their child, including paying for their education, clothing, medical care, food and other essentials. In some cases, child support orders will include the parent’s contribution for additional expenses.
The cost of college has increased dramatically for students, and legislation was passed to ensure that they do not have a large debt at the beginning of their careers. If the parents have never been married or are divorced, they can be ordered by the court to pay for the tuition. According to the Massachusetts Child Support Guidelines, a judge can order that each parent pay half of what is charged at state schools such as University of Massachusetts at Amherst. This can add up to a substantial amount for parents when combined with child support orders.
WHAT FACTORS DOES THE COURT REVIEW WHEN DETERMINING CHILD SUPPORT FOR UNIVERSITY COSTS?
Child’s financial dependency is the primary factor that will determine whether or not child support will continue past 18 years of age. If a parent no longer lives with their child and the child does not receive financial support, a court may declare that child emancipated. This means neither parent has to pay for college or child support.
If the parent is unable to pay for the college costs, then the court will examine whether this is in the interest of the children. Judges may also consider other factors, such as the child’s needs, the financial circumstances and where they live, their child’s educational goals and how a particular university could assist them in achieving those goals. The judge can also look at the financial aid that a child might use to pay for their education as well as whether both parents have contributed to the decision of where to enroll the child in college.
The Court usually does not order either parent to pay more than 50% of the UMass Amherst annual tuition, which is the baseline used for calculating the cost. These situations are complex and full of nuances.
In-state tuition may be less expensive than private or out-of-state schools. However, you should not automatically eliminate these schools when deciding on where to enroll your child. A child can receive a grant to attend a out-of state school, or a privately run school. These grants make it cheaper for the student to attend than an in-state school. Please discuss this matter with an O’Connor Family Law attorney.
SPEAK TO A TRAINED LAWYER FOR MORE INFORMATION ABOUT THE COLLEGE TUITION AND CHILD CARE OBLIGATIONS
There are many factors that the court considers before they decide whether or not child support will pay for college. If you think you might be required to contribute towards your child’s college education, our attorneys can offer you guidance and more information regarding the laws.
