When a couple gets divorced, both animosity and financial realities can have an impact on the best-laid plans. The question of who pays for college represents a significant flashpoint in the state of Pennsylvania, where child support laws draw a clear line between parents’ obligations for minor children and those whose children are adults.
Under Pennsylvania law, a parent’s legal duty to pay child support typically ends when a child turns 18 or graduates from high school—whichever comes later. Once that benchmark has been reached, child support payments generally stop unless the child has a disability that prevents self-support. Though other states require parents to pay college tuition or other higher-education expenses as part of a standard child support order, Pennsylvania does not. This means that even when a couple had agreed in happier times that they’d finance their children’s education, there is no obligation for the higher-income parent responsible for paying child support to fulfill that previous understanding.
There are a few important exceptions and options:
- Voluntary Agreements: Parents can agree—either in a divorce settlement or custody agreement—to share the cost of college. If such an agreement is made and approved by the court, it is legally binding and enforceable.
- Negotiated Modifications: In some cases, parents can voluntarily modify existing support arrangements to help cover educational costs, such as room and board or books.
- Special Circumstances: On rare occasions, courts may consider unique situations—such as a child with ongoing medical or educational needs—when deciding whether to extend support beyond age 18.
Though there’s no legal obligation to pay for either divorced parent to pay for college, the courts still expect that they’ll act in good faith when making financial decisions that affect their children’s well-being. For example, a parent’s ability to contribute to tuition could be a factor in related family court matters, such as custody or the division of assets. But for parents of children who aren’t yet approaching college age, that may be a difficult issue to prove.
Parents who discuss and document how they will handle college expenses before their child graduates high school can prevent disputes later and provide significant benefits to their children, both financially and by acting in their best interests. When needed, mediation or legal guidance can help, but there are no requirements for either party to contribute to a child’s education. It’s up to both parents to create a path toward sharing this important responsibility.
If you need help working their way through a divorce, our experienced divorce attorneys can help. Contact us today to set up a time to meet.