The new year is around the corner, and many students or divorced parents are finalizing college applications. The college application process is already tough, but balancing it between two households is even more challenging. Typically, it is best for the children when the parents work together on these issues, but the court may be able to assist if there is conflict between the parents.
What are the General Principles of Child Support that Apply to Payment of College?
Typically, child support ends when the child turns 18 or 19 if they are still in high school full-time. Additionally, child support may end due to emancipation, death, or further court order. With the cost of college increasing, many parents want to ensure their children’s education is covered. You can negotiate these costs into any divorce decree or child support agreement. The court may consider these educational costs as an additional add-on to child support (Family Code 4062) or adult child support (Family Code 3587).
Ways college costs could be incorporated into a divorce decree include, but are not limited to:
- Extending support beyond 18 to cover the costs of the student
- Setting up a structure on how much to contribute to tuition, how and when payments are made, and what college expenses the parents will cover (these could even include terms such as the student’s academic success as a requirement for payment)
- Establishing a 529 account for both parties to contribute to the child’s schooling
Putting these into a divorce decree or agreement makes them enforceable. A court has limited capacity to order these without an agreement. As the courts say, the best arrangements come from the parents, not the court.
Divorced Parents – Who Pays for College Applications?
While most parents may be able to work with each other regarding the cost of applications, the court may assist if the parents cannot agree. The cost of college applications can be between $50 to $100 each. These costs start to add up the more schools a child applies. A parent can ask the court to add “additional child support” for college expenses (like tuition, room and board) related to the educational needs of the children. The court will consider the reasonableness of the request and any prior enforceable agreements of the parties. Reasonableness can include the amount of costs and the ability of the other parent to pay.
Free Application for Federal Student Aid (FAFSA)
Recent changes have affected who fills out the FAFSA application. FAFSA applications are important for students as they affect their ability to receive grants, scholarships, federal direct loans, and work-study programs. Previously, the FAFSA defined the custodial parent as the one who has the most physical custody. Beginning in the 2024-2025 FAFSA and continuing into the 2025-2026 FAFSA, the custodial parent is defined as the one who provides the most financial support, regardless of physical custody.
FAFSA applications open on December 1st for the following school year, meaning that parents need to start discussing who needs to fill out the FAFSA around the holidays and New Year. Parents have to consider all forms of financial contributions, such as food, clothes, shelter, transportation, and school costs. FAFSA deadlines depend on the school, state of residence, and FAFSA’s own final deadline.
Parents need to communicate early on who will claim custodial parent status, as it strongly
impacts what financial assistance their children will receive. Parents should be listing the
parent who provides the most financial support not the lower earning parent to try to get the
child more aid. Under the Higher Education Act of 1965, if someone lies on the FASFA form,
they can get up to 5 years in prison, fines up to $20,000 and/or return any financial aid already
disbursed. Typically, it is the parents who face the consequences. In addition, it can affect your
child from getting into other schools as many schools have a zero-tolerance policy for student’s
lying and cheating. For further information, check out studentaid.gov for the most recent rules for FAFSA applications.
For help planning for your child’s future with your co-parent, please contact us for a quick consultation.