Mediating College Education Expenses & Divorce
The cost of college education in the U.S. continues to rise at an alarming rate each year. As a result, many young adults are increasingly forced to live at home with their parents due to mounting student loan debt and escalating housing expenses. When parents divorce, skilled family law attorneys and probate judges play a crucial role in addressing the financial responsibilities for a child’s post-secondary education.
To illustrate this, consider the following scenario: Harry and Irene are divorcing after 25 years of marriage. They have two sons, Joe, 21, a senior at Bennington College, and Ken, 16, a high school sophomore, who are living in the marital home.
When Joe turned 21, Harry unilaterally reduced his child support payments to Irene. In response, Irene’s attorney has initiated a contempt action against Harry.
Child Support for Young Adults
Under Massachusetts law, probate judges by statute can issue support orders for dependent children aged 21 to 23, provided the child is living with one parent and is primarily dependent on that parent due to enrollment in an undergraduate education program. However, the Massachusetts Child Support Guidelines do not automatically require parents to contribute to their children’s college expenses. Rather, judges have discretion to decide whether or not to impose such an obligation based on individual circumstances.
Judicial Discretion
Several factors influence a judge’s decision regarding contributions to college expenses, including the financial resources of both parents and the child, the child’s living arrangement, and the level of parental involvement in the child’s well-being. Additionally, courts may consider the indirect financial burdens incurred by the custodial parent in housing the adult child, such as mortgage, insurance, and utilities. Importantly, a child residing with one parent is not, in itself, sufficient evidence of dependency on that parent. For instance, neither Harry nor Irene could be required to pay more than 50% of the in-state tuition at UMass-Amherst unless a judge finds that one of them has the financial capacity to contribute more.
Harry’s decision to reduce his child support payments upon Joe’s 21st birthday was based on his belief that Joe had become emancipated. Furthermore, Harry argued that he had no role in Joe’s decision to attend Bennington College, where tuition and room and board exceed $70,000 annually. However, Harry made two critical errors in his approach.
Harry’s Missteps
In the Larson case, the Massachusetts Appeals Court upheld a contempt order against a noncustodial father who stopped paying child support when his dependent son, living with his mom, turned 21. The Court in an earlier case ruled against the father when he ceased paying maintenance when his son turned 18. Massachusetts law does not automatically emancipate a child when he or she attains the age of majority. For example, in a case where a father ceased child support when his son joined ROTC while in college, the court ruled that the son’s status as a college student did not result in emancipation. The father’s support obligation continued until the son graduated from college and completed his military service.
Harry’s argument regarding his lack of input in Joe’s choice of college is also flawed. Unless the couple’s separation agreement explicitly states that both parents must agree on the college selection before making financial contributions, the probate court holds the authority to order one or both parents to contribute to post-secondary education costs, as affirmed by a Massachusetts appellate decision.
Future Education Costs
The question of whether a probate judge can modify Harry and Irene’s divorce judgment to increase child support for Ken’s future college expenses presents a more complex issue. Massachusetts law generally views orders related to future post-secondary education costs as premature, with the focus being on the child’s current needs. Exceptions may apply in special circumstances, such as when one parent has a history of neglecting their financial responsibilities or when a parent is found to be mismanaging their resources. In certain cases, a court could require one parent to establish an educational trust for a child’s potential college expenses, even before the child reaches the age of 18.
In certain instances, the need to pay higher education expenses can justify a probate judge modifying a divorce judgment because of a statutory “material change in circumstances.” Still, if Irene footed the bill for Joe’s four years at Bennington and waited until his graduation to seek a court order for Harry to contribute to the college expenses, the court is unlikely would reward her undue delay.
The Role of Family Lawyers
Henry and Irene’s divorce attorneys play an important role. He ensures the couple’s settlement agreement explicitly addresses issues such as financial obligations for college education costs. Say Harry’s divorce lawyer negotiated a settlement agreement that imposed no age limit on Harry’s obligation. Then, the probate court can order Harry to continue making such payments beyond the boys’ twenty-first birthday. The parties and their attorneys may neglect to address payment of college expenses in the settlement agreement. In that case, the probate court has broad latitude to impose that obligation on parents.
From a fairness standpoint, it doesn’t seem proper that a court can compel divorced parents to pay children’s college expenses. Married parents cannot be forced to send their kids to college. The grim reality, given spiraling tuition costs, is that all but the wealthiest parents are hard-pressed to finance their children’s post-secondary schooling.
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If you have any questions about divorce or family law issues, contact us. You can schedule a free consultation online with our experienced attorneys at Turco Legal. If you’d prefer to schedule a consultation by phone, call (866) 995-6663.
Interested in learning more about mediation? Check out our article on mediating child custody disputes.