What Divorced and Separated Parents Need to Know About Paying for College
Few financial issues create more anxiety for divorced or separated parents than college. Tuition continues to rise. Children have expectations. And parents often have very different views about what is fair—or what is even possible.
Under the Massachusetts Child Support Guidelines, effective December 1, 2025, courts have the authority to order a parent to contribute to a child’s post-secondary educational expenses. But that authority is discretionary, limited, and highly fact-specific.
College contribution is not automatic. It is not unlimited. And it does not exist in isolation from child support.
Understanding how Massachusetts courts analyze tuition, room and board, and related college expenses is critical if you are:
- Approaching your child’s senior year of high school
- Already paying child support for a child over 18
- Being asked to contribute to private college tuition
- Concerned about affordability
- Seeking to modify an existing order
Below is a comprehensive breakdown of how college contribution works under the 2025 Guidelines—and what it means for you.
College Contribution Is Discretionary—Not Presumptive
The 2025 Guidelines state plainly:
“Contribution to post-secondary educational expenses is not presumptive.” (Section II.G.1)
This is a critical starting point.
Massachusetts law allows a court to order support for a child up to age 23 under certain circumstances. However, that does not mean a parent is automatically obligated to pay for college.
A judge must affirmatively determine that contribution is appropriate after considering multiple statutory and guideline-based factors.
In other words: college contribution is possible—but never automatic.
What Counts as Post-Secondary Educational Expenses?
The guidelines clearly define what is included:
“Post-secondary educational expenses shall include mandatory fees, tuition, on/off campus housing, meal plan, and books.” (Section II.G.1)
Typically, this means:
- Tuition
- Mandatory university fees
- On-campus housing
- Off-campus housing
- Meal plan
- Books
Not automatically included:
- Travel costs
- Study abroad programs
- Fraternity or sorority dues
- Personal spending money
- Graduate school
- Luxury housing options
Additional expenses may fall under “other child-related expenses” (Section II.M), but those are discretionary and evaluated case-by-case.
The 50% UMass-Amherst Cap: A Critical Protection
One of the most important safeguards in the Massachusetts Child Support Guidelines is found in Section II.G.3:
“No parent shall be ordered to pay an amount in excess of fifty percent of the undergraduate, in-state resident costs of the University of Massachusetts-Amherst, unless the Court enters written findings that a parent has the ability to pay a higher amount.”
This cap applies regardless of where the child attends school.
Whether your child chooses:
- A private college
- An Ivy League institution
- An out-of-state university
The default benchmark remains 50% of UMass-Amherst’s in-state undergraduate cost.
The 2025 Commentary provides context. For the 2025–2026 academic year:
- Estimated direct costs: $35,815
- Books: $1,200
- Total: $37,015
Fifty percent of that total is approximately $18,507.50 per year.
Absent written findings that you have the ability to pay more, that amount serves as the maximum contribution the court may order.
This limitation is not symbolic—it is enforceable.
When Can the Court Exceed the UMass Cap?
The Guidelines permit exceeding the cap only if:
The Court enters written findings that a parent has the ability to pay a higher amount. (Section II.G.3)
This requires:
- Specific written findings
- Evidence of financial capacity
- A clear determination of affordability
In practice, exceeding the cap is more likely in cases involving:
- High six-figure or seven-figure income
- Substantial investment assets
- Significant savings earmarked for education
- A history of private education
- Minimal financial impact from the increased contribution
The 2025 Commentary strengthened the affordability analysis and explicitly requires courts to consider:
“Whether parents must use assets and/or finance a loan to contribute.” (Commentary 2025 – Section II.G.2)
Courts are increasingly attentive to whether contribution would require:
- Liquidating retirement assets
- Incurring unreasonable debt
- Compromising long-term financial stability
Affordability is not theoretical—it is central.
What Factors Does the Court Consider?
Under Section II.G.2, courts must evaluate:
- The cost of the education
- The child’s aptitudes
- Where the child will reside
- The available resources of each parent
- The child’s own resources
- The availability of financial aid
- Affordability
- Whether loans would be required
- Any other relevant factors
This is a holistic financial and equitable analysis. The court does not simply divide tuition in half. It evaluates the broader financial landscape.
The Child’s Financial Contribution Matters
The Guidelines explicitly require courts to consider:
“The available resources of all parents and the child.” (Section II.G.2)
This may include:
- Scholarships
- Grants
- Student loans
- Work-study programs
- Summer employment
- Trust funds
Massachusetts courts often expect a child to make a reasonable contribution toward their education where appropriate.
Can the Court Order Both Child Support and College Contribution?
Yes.
Under Section II.G.1, the court may order:
- Child support only
- College contribution only
- Or both
However, Section II.G.4 provides an important safeguard:
“The Court shall consider the combined amount of the child support order and the contribution to post-secondary educational expenses.”
This prevents excessive financial burden and requires a combined analysis of weekly support and annual tuition contribution. College payments do not exist in isolation.
Does Paying Tuition Reduce Child Support?
Not automatically—but potentially.
Under Section IV (Deviation), a court may deviate from the guideline amount if:
“The guidelines amount would be unjust or inappropriate under the circumstances.” (Section IV.A.2)
Additionally, Section IV.C provides a rebuttable presumption of substantial hardship if a payor is required to pay 40% or more of available income in child support.
If tuition contribution, combined with guideline child support, creates an unsustainable financial burden, a deviation may be warranted.
Possible outcomes include:
- Reduction of weekly child support
- Adjusted allocation of tuition
- Restructuring of obligations
- Partial offset
Each case turns on its specific financial facts.
Important 2025 Updates
The 2025 Child Support Guidelines refined several key areas:
Clearer Affordability Standards
Courts must consider whether parents would need to use assets or incur loans (Commentary 2025 – Section II.G.2).
UMass Benchmark Retained
UMass-Amherst remains the cap reference point (Section II.G.3).
Combined Obligation Analysis Required
Courts must evaluate child support and tuition together (Section II.G.4).
Maximum Income Increased
The Guidelines now apply up to $450,000 in combined income (Section II.C.2). These updates reflect increasing awareness of economic realities and rising education costs.
Frequently Asked Questions About College Contribution in Massachusetts
1. Am I automatically required to pay for my child’s college?
No. College contribution is discretionary under Section II.G.1.
2. What is the maximum I can be ordered to pay?
Absent written findings of ability to pay more, no more than 50% of UMass-Amherst’s in-state undergraduate costs (Section II.G.3).
3. Does private college change the cap?
No. The UMass benchmark still applies unless the court makes specific written findings.
4. Can the court force me to take out loans?
Courts must consider affordability and whether loans are required (Commentary 2025 – Section II.G.2). Unreasonable debt is disfavored.
5. Can I be ordered to pay both child support and tuition?
Yes, but the combined impact must be evaluated (Section II.G.4).
6. Does child support automatically end at age 18?
No. It may continue up to age 23 under statutory conditions.
7. Can paying tuition reduce my weekly support?
Possibly. A deviation may be appropriate if the combined obligation is unjust or creates hardship.
8. Does my child have to apply for financial aid?
Courts consider availability of financial aid under Section II.G.2.
9. What if I truly cannot afford to contribute?
Affordability is a required factor. Courts must consider income, assets, and financial impact.
10. Can parents agree to their own arrangement?
Yes. Agreements may be approved if fair and reasonable (Section IV.B.1).
No Two Cases Are Alike
College contribution cases are highly fact-specific.
Income levels differ. Asset structures differ. Parenting arrangements differ. Educational expectations differ. The child’s academic profile differs. Financial aid differs.
There is no universal formula.
Two families with identical incomes can receive very different outcomes based on the broader financial context and how the case is presented.
The Massachusetts Child Support Guidelines provide structure—but strategy matters.
The Best Way to Understand Where You Stand
If you are facing a dispute over college contribution—or anticipating one—the most effective way to understand your position is through a detailed legal and financial analysis.
A consultation allows you to:
- Evaluate your exposure under the UMass cap
- Assess whether deviation may apply
- Understand how tuition impacts your current child support
- Review financial documentation strategically
- Develop a forward-looking plan
These are not issues to approach casually. If you would like clarity on your obligations—or your rights—scheduling a consultation is the most direct way to assess your specific circumstances.