Tuesday, April 1st 2008
Child Support and College Tuition
Parents often ask whether they have a duty to pay child support to support a child in college. In other words, do the parents have a duty to pay for their children’s college education. The short answer generally is no.
The statutory duty of child support normally terminates when the child reaches the age of 18, absent agreement by the parents or a “needy” incapacitated adult child. However, as to any unmarried 18-year-old child who is a full-time high school student and not self supporting, the parents’ statutory support obligation continues until the child completes the 12th grade or reaches age 19, whichever occurs first.
A few points to note:
- Parents can always agree to pay child support past the age of 18, even if the statutory requirements to do so are not met, to pay for the child’s college education. However, they are not required to do so. The court has the authority to approve the parents’ stipulated agreement to pay for the support of an adult child or for the continuation of child support after a child reaches age 18, and may make a support order “to effectuate” such agreement. Once reduced to a court order, agreed-upon support for adult children will be enforceable in the same manner as any other child support order.
- Only full-time high school attendance is necessary to trigger the extended support obligation.
- Parents may also have a duty to support adult children in certain situations. To the extent of their abilities, both parents have an “equal responsibility” to support a child “of whatever age” (whether a minor or adult) “who is incapacitated from earning a living and without sufficient means.” Cases conclude a child is “incapacitated from earning a living” only upon proof of a mental or physical disability preventing the child from being able to work, or, at least proof of inability to find a job due to factors beyond the child’s control. If the child just doesn’t want to work, there is no statutory duty requiring a parent to support that child.
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