Can Child Support Be Used for College Tuition Costs?

Rising costs of college have made it increasingly difficult for many students to afford higher education without incurring significant debt. Sticker costs for in-state public colleges hovered about $11,000 per year from 2023-2024, while private colleges exceeded $40,000 per year. It is important to note that this cost only reflects tuition and fees and not room and board or any other expenses. The true cost of college in America for a four-year degree is over six figures for either in-state public school or private college. Besides saddling students with debt, the high cost can limit access to education and create financial stress. It can deter prospective students from pursuing higher education, impacting their career opportunities and long-term economic stability.

Many parents want to help their children, but they may have economic barriers to doing so. Parents who are receiving or providing child support may wonder whether child support can be used to help offset the cost of college. Here is what you need to know about whether child support can include college tuition.

What is Child Support?

State law requires both parents to contribute to their child’s support and care. Child support is a financial obligation imposed by a court to contribute to the costs of raising their child. The amount is determined based on factors like the parents’ income, the child’s needs, and custody arrangements. Child support aims to ensure the child’s well-being and maintain their standard of living after parental separation or divorce. It is a legal requirement intended to provide financial stability and support for the child’s development and everyday needs​.

What Does Child Support Cover?

Child support typically covers essentials such as food, clothing, housing, healthcare, and education. In other words, paying child support means covering basic necessities for their kids. Sometimes, the child support order will include the payor’s contribution to additional expenses, and other times, there may be additional payments above and beyond the base child support order relating to a child’s extracurricular activities.

Of course, there is a debate about whether college is a “basic necessity.” Many people will argue that, no, one does not need to go to college in the same way that they need food to eat. There are plenty of jobs –- many of which pay well–that do not require a college degree. However, in today’s competitive job market, higher education can significantly enhance long-term career prospects and earning potential, making it beneficial for many individuals.

Do I Have to Pay for My Kids’ College?

Parents are not legally required to pay for their children’s college education. While married, no state agency can force the parents to pay toward their child’s college expenses. The child can decide whether or not to attend college, regardless of whether the parents contribute or not. Many parents choose to do so to support their child’s future. How much a parent will help is, of course, based on individual family circumstances, values, and financial capability. Some parents save for college early on, while others expect their children to take on student loans or seek scholarships. Some parents will cover the full cost of college, while others will make small payments from time to time.

When parents are not married—that is, they have either never been married or are divorced–the court can order each parent to contribute toward their children’s college tuition in addition to one parent paying basic child support. The Massachusetts Child Support Guidelines give a Judge the authority to order each parent to pay up to half of the amount that is charged at a state school, such as the University of Massachusetts at Amherst. However, these situations can be quite nuanced and complex.

When combined with a child support order, this can be a significant amount of money for the parents. Tuition for UMass Amherst, for instance, is over $10,000 per year.

However, your total overall bill could be smaller. Even though in-state tuition is usually cheaper than out-of-state or private schools, do not rule out those other options right away. Sometimes, a child can get a scholarship to a private or out-of-state school, which makes it more affordable overall than attending an in-state public school without any financial aid.

What Factors Does a Court Review When Determining Child Support for College Tuition?

The child’s financial dependence is a key factor when deciding if support should extend past their 18th birthday. If the child is no longer living at home and doesn’t need financial help, a judge might consider them emancipated. Emancipation happens automatically when a child is 18, although there are cases where a child can petition a court earlier and be considered emancipated. When a child is emancipated, it means that the parents no longer have legal responsibility. Typically, this all severs any financial responsibility. If a child is no longer under the parents’ roof, it might mean no child support or college expenses would be ordered for either parent. 

If the child is not emancipated, the court will usually look at several factors to determine whether ordering payment of college tuition is in the child’s best interests.

When deciding whether parents should cover college expenses, a judge will consider the child’s educational needs, what parents are currently paying, both parents’ financial situations, and whether a parental agreement was in place. The judge might also consider any financial aid the child can get and whether both parents had a say in the college choice.

Child’s Educational Needs:

The child’s educational needs and goals can also play a role in whether child support covers tuition. Courts and parents might look at the kid’s academic performance, college choices, and career plans when deciding on support for higher education.

Existing Support Obligations:

If one parent is already paying a lot in child support or has other financial responsibilities, it might be tough to use that support for college tuition too. Balancing current support obligations with extra education costs is an important factor to consider.

Financial Ability:

The financial status of both parents can influence whether child support can be used for college tuition. Courts may consider whether the parents can reasonably afford to contribute to college costs in addition to their existing child support obligations and other financial responsibilities, like mortgages or medical bills. As with many aspects of child support questions, this can vary by case.

Parental Agreements:

The most straightforward way to handle college tuition is through a mutual agreement between parents. If both agree to include college expenses in their support arrangement, it simplifies things. These agreements should be documented and legally formalized to avoid any disputes later on. Consulting with a lawyer can help ensure the agreement is clear and enforceable.

What If My Kid Decides to Go Back to School at 30?

The answer, briefly, is no. It is true that sometimes people choose to go back to school as adults. Or, they may have a college career that stretches well into their twenties. The court will not keep parents on the hook financially until a college degree is secured.

Courts can require child support payments to extend past the child’s 18th birthday until they are 21 years old if they are still financially dependent on the parents and living at home. If the child is enrolled in college, child support can also extend until the child graduates from college. However, child support will almost never be ordered after a child turns 23, regardless of whether the child has not graduated college yet. While a child is in college, though, the court will look at many factors when determining whether there should be a child support order only or a combination of child support and additional college contributions.

Speak with a Westborough Family Law Lawyer to Learn More About Child Support Obligations and College Tuition

Whether child support can be used for college tuition costs depends on various factors, including state laws, existing support agreements, and the parents’ financial situations. While standard child support typically covers basic living expenses, additional arrangements for college expenses may require explicit agreements or court modifications. Parents should aim for clear communication, seek sound legal advice, and plan financially to address the costs of higher education effectively.
With over 35 combined years of exclusive family law experience, our attorneys at our family law firm can help you understand whether you may have to contribute toward your child’s higher education in addition to child support and pursue a favorable arrangement on your behalf. If you and your co-parent may need to or want to contribute to your child’s college education, you would likely benefit from a case evaluation with an attorney. A family law attorney from our firm can provide you with more information about the laws governing your potential support obligation and offer guidance for your case. Contact us now to learn more.