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When determining who pays for college in a divorce, it’s important to consider the full scope of college expenses. While many immediately think of tuition fees, there are other significant costs to factor in, such as room and board, transportation, health insurance, food, rent, and even personal expenses for leisure activities. These combined expenses can create a heavy financial burden on parents, often leading them to rely on student loans or personal savings to cover the costs. Understanding these various elements helps clarify the financial responsibilities each parent may have in supporting their child’s education after divorce.
If you are going through a divorce, you may be wondering how your case and decision to separate from your spouse will impact your child’s ability to have the same college experience as their peers. In today’s blog post from the Law Office of Bryan Fagan, PLLC, we will discuss this topic in greater detail. Now is the time of year that colleges will send out acceptance letters to students who applied in the fall semester. I can’t think of a better time to run through some issues related to college expenses for divorced parents.
What does the law in Texas hold for divorced parents regarding paying for college?
In your reading through past blog posts of the Law Office of Bryan Fagan, PLLC, you have likely become familiar with the standard that your family law court or any other family law court would utilize to make decisions regarding issues facing your child: the best interests standard. It is a largely subjective standard that allows judges wide latitude regarding determining what is in your particular child’s best interests. A judge would look at your child’s physical, emotional, and mental needs to make this determination.
Your child’s needs at age seven are different from your child’s needs at age 17. That goes without saying. What we know is that your obligation to pay child support extends until your child’s 18th birthday or their graduation from high school, whichever comes later. There are no laws on the books in Texas that require you as a divorced parent to pay for college expenses for your child over the age of 18.
Is a college degree in the best interests of your child?
On the surface, it seems straightforward. College graduates typically earn more than high school graduates and college life fosters social growth. Many deem this experience essential for American development.
What I would offer to you in the year 2019 is that a college degree may not be worth what it once was. Bear in mind that the costs of attending college have increased steadily, and more and more people have shown a willingness to pay for that service. The dilemma lies in funding college expenses primarily through substantial student loans. Both parents and students rely on loans to finance the college experience ingrained in our culture. However, the outcome can be dire if the debt outweighs the return on investment, resulting in difficulty repaying loans due to inadequate income from a well-paying job.
This is the philosophical discussion that a judge and your child may have. The trouble when you consider that your child is the child of a divorce is that your child will likely be over the age of 18 by the time they attend their first days of college. By definition, your child is no longer a “child” as defined by the Texas Family Code. Therefore, a judge cannot mandate in your Divorce Decree that you, your ex-spouse, or both of you must cover your child’s college expenses.
Long-term child support considerations in divorce
A final issue that has become more and more prevalent in our clients and communities around our country is that children remain at home longer than ever before. This puts both parents and children in a unique position. As a parent, you have to continue to support your children in many ways (even if they are only minor costs) as far as providing a roof over their head, food, clothing, etc., if your children decide to continue their education after college rather than enter the workforce. This puts at least a slight strain on your family budget that you may not have anticipated years ago when you went through your divorce.
The other side of the coin is that by remaining at home, your child may not be able to enter the workforce once their education is complete readily. The big question is: if you and your spouse are not yet divorced, how can you take these circumstances into account so that your divorce decree reflects the possibility of these events occurring in your own life?
Anticipate and mediate these issues before it is too late
Suppose you and your soon-to-be ex-spouse are in a financial position where you can pay for your children’s college education or anticipate being able to do so. In that case, it is sensible to memorialize this arrangement in your final decree of divorce. Many parties to the divorce will include a section on this agreement in their decree.
My accurate advice would be to not rely on any verbal promises or assurances provided to you by your spouse that they will pay for college (or do anything else, for that matter). This is a nice sentiment, but you need to get that promise into writing as a part of your divorce decree. If you don’t do so and your spouse goes back on their word in the future, you will be kicking yourself.
Another consideration is that circumstances can change quickly. For instance, if your spouse remarries and has step-children, supporting your child as initially planned might become impractical. To safeguard against such uncertainties, ensure any agreements on college payments are documented in your divorce decree. Additionally, carefully consider which schools your child can attend that are financially feasible for both you and your spouse, rather than simply choosing based on what your child “wants.” This pragmatic approach can prevent financial strain.
Conclusion
The key to answering who pays for college in a divorce lies in reaching a clear, mutual agreement during mediation on how to handle future college expenses. If your final divorce decree includes a detailed provision about college costs, it becomes legally enforceable if either party fails to uphold their obligations. Whether the arrangement involves cost-sharing or specifies the expected contributions from each parent, having these terms documented ensures they are upheld. It’s rare that such agreements would be considered unenforceable, as long as they are clearly outlined and agreed upon during the divorce process.
Finishing up a discussion on college expenses and divorce in tomorrow’s blog post
We will pick up on this topic in tomorrow’s blog post and continue with the issue we left off with yesterday- child support. In the meantime, if you have any questions for the attorneys with the Law Office of Bryan Fagan, PLLC, don’t hesitate to get in touch with us today. We offer free consultations with a licensed family law attorney six days a week. Our office takes a great deal of pride in representing the people who live in our community, and we would be honored to speak to you about your case and answer any questions you may have.
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Other Articles you may be interested in:
- Paying for College After a Divorce
- Which Parent Pays for College After a Divorce?
- College Savings and Divorce in Texas
- Visitation Tips for Recently Divorced Parents
- How Does Summertime Visitation Work for Divorced Parents in Texas?
- A Tale of Two Parents: Enforcing Child Custody Orders in Texas
- Substance Abuse and Child Custody in Texas: A Comprehensive Guide for Parents
- Texas Child Custody Laws for Unmarried Parents
- Can only biological parents be granted parenting time?
- 12 Tips to Help Parents Prepare Their Children for Divorce
- Possession and Access schedules for parents who live more than 100 miles apart
- Who gets custody if both parents die?
- How To Modify A Child Custody Order In Texas (What Parents Need To Know)
- Pros and Cons of Joint Custody: Implications for Parents and Children
