Paying for college after a divorce

paying for college after a divorced.It’s a big day when your child gets an acceptance letter from the college of their dreams. You should be able to relax and celebrate that victory with them—not stressed by how to pay for it on your own as a single parent.

In California, parents aren’t required to pay for their children’s college tuition and related expenses. In fact, parents don’t have any legal obligation to support a child after age 18 (the age of emancipation in California) or, if the child is still living with a parent and attending high school, until they graduate or turn 19 (whichever comes first). After that, there is no obligation to help support the child.

But what if your child is clearly college bound, and you can’t pay for college on your own?

Agreeing to split the cost

If you are in the process of getting divorced, you can agree to share the costs and have that agreement entered into the final divorce decree. Courts recognize how important college is to a child’s future success, and they will generally enforce college support agreements.

But a lot can change in just a few years, so you’ll want to be especially carefully about what you agree to, and what your ex might be able to wiggle out of. In recent years, California courts have ruled that they can change an agreement in some situations, unless the agreement specifically says it can not be modified.

Good news, bad news

Some of the factors you’ll want to consider are the worst case scenarios. What if the child isn’t maintaining a high enough GPA? What if they aren’t going to finish in four or even five years? And even the best case scenarios can be problematic—what if they get into an expensive, elite private school? What if they want to attend graduate school?

Get it in writing

When you think though the tough issues, you want to clearly define the terms of the agreement—even basic things, such as what counts as college. Does community college or a technical or art school count? What expenses will you cover? How will those expenses be divided? Will you require your child to contribute? How does financial aid or scholarships factor into all of this? Here’s where an experienced divorce and child support attorney can really be of service to you, by pointing out potential issues and helping you avoid problems.

In the best interest of the child

If both parents are thinking about what is best for your children, you’ll probably be able to find a way to work together to make it happen. If you still have several years to go before your kids are ready for college, you could agree to both make contributions to a college savings plan. Or, if money is available at the time of the divorce, you could place the funds in escrow or in a trust account. There are definitely ways to make it work.

If you have questions about to plan for your children’s future even though your marriage has come to an end, don’t hesitate to make an appointment to learn more. At Kendall Gkikas & Mitchell, LLP, we have over 20 years of experience handling Southern California divorces and child support issues. Call 909-482-1422 or email info@parents4children.com to set up your initial consultation today!