Keep College Costs Out of Court

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{4:18 minutes to read} Did you know that a judge can order a parent to pay some or all of the college expenses of a child? While most parents do want to help a child with college, they also want the child to have some “skin in the game” so college does not become a 4-year beer party.

If a couple separates and uses a mediator to resolve how they will support their children, a judge will have no say in what they do. However, if this same couple winds up in court, a judge cannot only require one of them to pay child support for the basic needs of a child (food, clothing, and shelter), but can also order one or both parents to pay some or all of the college expenses of a child.

What are these college expenses? Generally, they include tuition, room and board, the cost of books, and transportation to and from college.

So, how does a judge decide if a parent is required to pay the college expenses of a child? This decision is based on a number of factors, including:

• The child’s academic ability and interests;
• The child’s expectation that the parents would cover these costs;
• The educational background of the parents; and 
• The costs involved and the ability of a parent to afford these costs.

That is, if the parents are college educated, led the child to believe that mom and dad would pay these costs, and have the financial means to assist in paying for college, a court is likely to require the parents to contribute.

While a court may limit the amount a parent is required to pay to the cost of state school or to a percentage of the total cost, any requirement that a parent contributes toward college can have a significant impact on their finances.

If a judge orders a parent to pay some or all of the college expenses of a child, the court may also provide for a reduction in the amount of child support while the child is at college. But, how much of a reduction will be awarded to the parent that is paying child support?

One factor, of course, is related to where the child is living. If the child is living at home there is not likely to be any reduction in child support since the expenses of the custodial parent are not reduced by the child being in college.

But what if the child is living away at college? Child support is designed to cover the expenses the custodial parent incurs to provide food, clothing, and shelter for a child. As a result, if the child is away at college, the only real savings that parent realizes is for food.

The custodial parent must still maintain the same residence for the child to come home to when he/she is not attending school. And that parent will still spend the same on clothing for the child.

The problem, of course, is that if you go to court you never know what a judge is going to do! But, if you are mediating your divorce, you can control the outcome and decide between yourselves how to pay for college and how this cost will impact child support.

That way, you can make sure that your values are being met, and not the values of someone outside your family.