Many divorcing clients with children, especially teenage children, are interested in having the other parent share the expense of sending their children to college. But, North Carolina law does not require parents to pay for college expenses like tuition, room and board, books, and other related fees.
In North Carolina, the child support laws are clear: Child support payments shall terminate when the child reaches the age of 18. If the child is still in primary or secondary school when he or she turns 18, child support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first.
Some states order child support until a child’s 19th birthday. There are few states that require some post-divorce college expenses paid; those states are in the minority. Many states reference that child support payments will stop upon emancipation. Most states only require parents to support child until their 18th or 19th birthday and high school graduation.
So, how does a parent get the other parent to agree to help pay for post-divorce college expenses? Agree is the key word in this question. Parents can agree in their separation agreement to help pay for college expenses. But, parents need to remember that they are not legally obligated to do so. Judges cannot order parents to pay for college.
If parents do agree to help with college expenses, we do recommend that parents negotiate how much assistance that they are willing to give. Things to consider: how long will parents support college expenses? 4 years? 5 years? Will parents pay for tuition, room, and board? Will parents only pay for in-state colleges? Will parents pay for a private college or public only? Will parents pay the same amount for every child who attends college? What if the child/college student is not making satisfactory progress? How is satisfactory progress defined? Will a certain GPA be required? How will study abroad be addressed? Who pays for travel expenses to and from the college campus to home? What about a
non-college credit training program?
Even if parents can agree that they want to assist their children with college costs, there are still many details to consider. Parents may want to agree to helping each child with a set percentage of overall expenses each academic semester or year. Or, parents may agree to give each child a set amount per academic term, i.e., $5000. Parents in a separation agreement can address which parent will cosign a loan for a child.
It is challenging to plan for every possible scenario that college students may encounter, but parents can detail some parameters in their separation agreement. There will also be unexpected costs that a college student may encounter: technology fees, electronic devices, lab fees, textbook and material rentals, parking passes, apartment rent, etc.
While contemplating all the possible post-divorce college expenses your student may encounter, parents should also consider some possibilities that could happen to them. From the time that parents sign and execute a separation agreement that addresses college expenses to the time that the youngest child finishes college, many things could happen. One parent could die, lose a job, or remarry. How should those events be handled? Requiring each parent to maintain a life insurance policy is a possible solution. Some parents in their separation agreements require each party to make monthly or yearly deposit into a college fund/college savings plan. These types of requirements should also include providing proof to each party on a quarterly or annual basis.
This is one part of the separation and divorce process where a judge cannot resolve or rule on the issue. Judges can rule on custody, visitation, property division, and support. Parties should be mindful of this in the negotiation process and realize the only way to reach a consensus on this issue of college expenses after divorce is through a separation agreement.
