Divorce brings many financial questions, and one of the biggest concerns for parents is who will pay for their child’s college education. Unlike child support, which typically ends when a child turns 19, college expenses can be a topic in divorce settlements that can come up in legal battles.

Some states require parents to help pay for their children’s college education, while others do not. Regardless of local laws, if parents had an existing agreement, like savings plans to pay for higher education, divorce courts may consider that an obligation that still applies to both parents after separation and they divide it according to which parent has primary custody.

Do Parents Have a Legal Obligation to Pay for College?

The short answer is: it depends. Unlike child support, which is legally mandated in all states, paying for your child’s college after divorce is not a universal requirement. Some states impose a legal obligation on divorced parents to contribute to higher education costs, while Alabama does not.

Voluntary Agreements in Divorce Settlements

Even though Alabama doesn’t mandate it, parents can still negotiate college costs during their divorce proceedings. If both parents agree to a financial plan for college, this can be included in the divorce decree. However, once it’s in writing, it becomes a legally enforceable contract.:.

Child’s Financial Contributions

Many courts expect children to contribute to funding their education, either through scholarships, grants, student loans, or part-time jobs. If a child has access to financial aid, this can reduce the burden on both parents. .

Existing College Savings Plans

If parents set up a college savings plan or other educational funds before the divorce, courts often take this into account. If one parent has been managing the fund, they may be required to use it before asking the other parent for additional contributions and the court may order that party to be responsible for the account and making sure the funds are used appropriately..

Factors Considered

In states that require parental contributions, courts look at factors such as each parent’s income and ability to pay for college, the child’s academic performance and financial needs, and the cost of tuition, room and board, and other college-related expenses; however, as Alabama doesn’t require this, you can use this guide when trying to negotiate out a settlement towards these types of expenses.

What Happens if One Parent Refuses to Pay?

If a divorce settlement filed with the court specifies that a parent must contribute to college costs and they refuse, legal action can be taken. The other parent or even the child can petition the court to enforce the agreement, which could result in wage garnishments, contempt of court rulings, or other legal consequences.

However, if no formal agreement was made, the refusing parent typically has no legal obligation to pay. In states where college costs are not mandated like Alabama, courts will not force a parent to contribute unless it is explicitly stated in the divorce agreement.

How to Plan for College Costs After Divorce

The best way to avoid disputes down the road is to address college expenses during the divorce process, which can include how much each parent will contribute, whether support covers tuition, room and board, books, etc., and whether there will be limits based on the type of school (like public vs. private). Being specific in the agreement can prevent confusion and legal battles later.

Encourage Children to Apply for Financial Aid

FAFSA (Free Application for Federal Student Aid) determines a student’s financial aid eligibility, and divorced parents should be strategic about who fills it out. Typically, the parent with whom the child lives the most should complete the FAFSA, as their income will be the primary factor in determining aid eligibility.

Modify Agreements if Needed

Life circumstances change, and sometimes, divorce agreements need to be modified. If a parent loses a job or experiences financial hardship, they can petition the court to adjust their obligations. Similarly, if a child decides to attend a significantly more expensive school than planned, parents may need to renegotiate their contributions.

Seek Legal Guidance During Your Divorce

Paying for college after a divorce can be complex, but planning can make the process smoother. Parents should discuss and outline their financial responsibilities early on. Ultimately, both parents should aim to support their child’s future while balancing their financial well-being.

If you’re going through a divorce or are already divorced, consider working with a financial planner or attorney to ensure your child’s education costs are covered in a way that works for everyone. To request a free case evaluation with our team, call The Rose Law Firm LLC today at (205) 858-9224.