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College Expenses for Children of the Marriage

While a parent is generally not obligated to support a child past the age of majority (or other emancipating event), the court may provide for payment of a child’s post-secondary education expenses. In general, where payment of post-secondary expenses is ordered by the court, the court will likely divide a child’s post-secondary education expenses (including tuition, room and board, books, fees, travel, etc.) between the parties after considering the resources available to the child including scholarships, grants and other forms of financial aid.

In many cases, the court will require each parent to pay a percentage of the child’s college or trade school expenses in proportion to each parent’s income. The child may also be required to contribute to his/her own education expenses. In determining the appropriate division of payment, the court will consider what each party can afford to pay. For example, a child may desire to go to a private school or expensive school out of state. Parents are not required to pay for a school that they can not afford when there are available less expensive alternatives that are within the financial ability of the parents and child to pay.

If you have questions regarding visitation or wish to discuss your particular case, please feel free to call The Law Office of Catherine M. Byrne at 312-637-5356.

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