Child Support and College Expenses

Divorce does not end a parent’s desire to see their child succeed in college, but it can create serious disagreements about who pays. Whether a court can order you to contribute depends on your state. About 18 states give courts the authority to order post-secondary education support. In the remaining states, there is no legal obligation to pay for college once the child turns 18.

With average annual tuition exceeding $10,000 at public universities and $40,000 at private institutions, the stakes are high. This guide explains which states can order parents to pay, what courts consider, how costs are divided, and what you can do during divorce to protect your child’s educational future.

Can Courts Order Parents to Pay for College?

In most states, child support ends when the child turns 18 or graduates from high school. Once the child reaches the age of majority, parents have no legal obligation to fund their education. For details on how standard support works, see our guide on how child support is calculated.

However, about 18 states have statutes or case law that allow courts to order one or both parents to contribute to post-secondary education costs. In these states, the court treats college expenses as an extension of child support or as a separate category of support imposed during or after divorce.

Even in states that do not mandate post-secondary support, parents can voluntarily agree to pay for college as part of their divorce settlement. Once included in a separation agreement, that agreement becomes enforceable by the court.

States That Can Order Post-Secondary Support

The following states allow courts to order parents to contribute to college expenses:

Connecticut, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, South Carolina, Utah, and Washington.

Other states, including Alabama and Colorado, have case law that may allow contributions in limited circumstances.

The specifics vary. Some states cap the amount at the cost of a state university. Others consider private institutions. Some require the child to maintain a minimum GPA. An attorney in your state can explain what applies to your situation.

States That Do Not Require College Support

The majority of states—including Texas, California, Florida, Ohio, Georgia, Michigan, and North Carolina—do not allow courts to order parents to pay for college. Child support typically ends at 18 in these states, and courts have no authority to order tuition, room and board, or any other college expense.

Some courts have found that ordering a divorced parent to pay for college violates equal protection because married parents have no legal obligation to pay for their child’s education. If you live in one of these states, your best option is to negotiate college terms into your divorce agreement before it is finalized.

What Courts Consider When Ordering College Support

In states that allow it, judges evaluate several factors:

• The child’s academic ability and motivation. Courts look at grades, test scores, and whether the child has a realistic plan for higher education.
• Each parent’s ability to pay. The court considers income, assets, debts, and each parent’s overall financial picture.
• What the family would have done if married. If both parents are college-educated professionals who saved for education, courts presume the child would have attended college had the family remained intact.
• The child’s own resources. Scholarships, grants, financial aid, savings, and the child’s ability to work part-time are all considered.
• Academic progress. Most courts require satisfactory progress—typically a minimum GPA of 2.0—and full-time enrollment. Courts may terminate support if the child drops out or fails academically.
• The child’s relationship with each parent. A few states allow the court to reduce or deny support if the child has willfully refused contact with the parent being asked to pay.

What Expenses Are Typically Covered

Court-ordered post-secondary support usually covers tuition and fees, room and board, books and supplies, and mandatory fees. It typically does not cover spending money, personal expenses, car payments, fraternity or sorority dues, or study abroad costs beyond what a regular semester would cost.

Many state statutes cap the obligation at the cost of an in-state public university, even if the child attends a private school. If in-state tuition is $12,000 per year and the child attends a $55,000 private university, the parents may only be required to contribute toward the $12,000 figure.

How College Costs Are Divided Between Parents

There is no single formula. How costs are split depends on the state and the circumstances:

• Proportional to income. The most common approach. If Parent A earns $120,000 and Parent B earns $80,000, Parent A pays 60% and Parent B pays 40%.
• Equal split (50/50). Some agreements divide costs evenly regardless of income differences.
• Based on the settlement agreement. Parents can agree to any arrangement—one pays tuition while the other covers room and board, or one pays 75% and the other 25%.
• After subtracting financial aid. Courts typically calculate each parent’s share after subtracting scholarships and grants. If annual costs are $25,000 and the child receives $10,000 in scholarships, the parents split the remaining $15,000.

529 Plans and Divorce

529 education savings plans are a common source of conflict during divorce. The account owner—not the beneficiary—controls how and when the funds are used. Key issues to address:

• Who controls the account? Your agreement should specify which parent maintains control, or whether joint oversight is required.
• Can the 529 be divided? Yes. A 529 can be split by rolling a portion into a new 529 owned by the other parent with the same child as beneficiary. This rollover is tax-free if done correctly.
• Can the court require contributions? In some states, courts can order ongoing 529 contributions as part of a support order. Even without mandatory post-secondary support, a divorce agreement can require continued contributions.
• What prevents misuse? Without protections in the divorce decree, the account owner could withdraw funds for non-educational purposes (paying a 10% penalty plus income tax). Include language restricting withdrawals to qualified education expenses.

FAFSA Considerations After Divorce

The Free Application for Federal Student Aid (FAFSA) determines eligibility for federal grants, work-study, and loans. After divorce, which parent fills out the FAFSA can dramatically affect the aid package.

The custodial parent completes the FAFSA. The custodial parent—the parent with whom the child lived more during the past 12 months—files the form. Only that parent’s income and assets are reported. The non-custodial parent’s finances are not included (though some private colleges require supplemental forms that do include them).

Why this matters: If the custodial parent earns $45,000 and the non-custodial parent earns $150,000, only the $45,000 is reported—potentially qualifying the child for thousands of dollars in additional grants and subsidized loans.

Remarriage complicates things. If the custodial parent remarries, the stepparent’s income must be reported on the FAFSA, even though the stepparent has no legal obligation to pay for college. This can reduce the aid package significantly.

Discuss FAFSA strategy with your attorney and a financial advisor before finalizing custody arrangements if college is on the horizon.

Negotiating College Costs in the Divorce Agreement

Whether or not your state requires post-secondary support, address college expenses directly in your divorce agreement. A strong provision should include:

1. A clear statement of obligation from both parents
2. Covered expenses defined specifically—tuition, fees, room and board, books
3. A cap on the amount, often at the cost of an in-state public university
4. Division of costs—a percentage split or proportional-to-income formula
5. Financial aid requirements—the child must apply for scholarships, and parents’ shares are calculated after aid
6. Academic requirements—a minimum GPA and full-time enrollment, with consequences for failing to meet them
7. Duration—typically capped at four or five years, or until the child reaches age 23
8. 529 plan provisions covering control, contributions, and withdrawal restrictions

If your child is young at the time of divorce, use flexible language tied to future costs rather than fixed dollar amounts. For help with changes over time, see our guide on how to modify child support.

What to Do Next

1. Determine your state’s rules on post-secondary support.
2. Review your divorce agreement for existing college expense provisions.
3. Protect 529 plans by including ownership, contribution, and withdrawal terms in your decree.
4. Plan for FAFSA by understanding which parent qualifies as custodial.
5. Talk to an attorney. A family law attorney can help you negotiate college terms, modify an existing agreement, or petition the court for support. Schedule a free consultation to discuss your situation.

Frequently Asked Questions

Can my ex be forced to pay for our child’s college?

It depends on your state. About 18 states allow courts to order parents to contribute to college expenses. In the remaining states, there is no legal obligation. However, if your divorce agreement includes a college expense provision, that provision is enforceable regardless of your state’s statute.

Does child support automatically cover college costs?

No. Standard child support and post-secondary education support are separate obligations. In most states, regular child support ends at 18. College support, where it exists, is either a separate order or a provision in the divorce agreement.

Which parent fills out the FAFSA after divorce?

The custodial parent—the parent with whom the child lived more during the past 12 months—completes the FAFSA. Only that parent’s income and assets are reported. If that parent has remarried, the stepparent’s income is also included.

What if my child gets a scholarship? Do I still have to pay?

Each parent’s share is typically calculated after subtracting scholarships, grants, and aid from the total cost. If your child receives a full scholarship, your remaining obligation covers only expenses not included—such as room and board or books.

Can I modify a college expense agreement after the divorce?

If the provision is part of a court order, you can petition for modification by showing a substantial change in circumstances—such as a major income change or the child failing to meet academic requirements. See our guide on modifying child support for more on the process.