Divorce and Education

Plan for Your Child’s College Education in Your Separation Agreement

“While college educational expenses are certainly not mandatory in a shared parenting plan, many parents prefer to make some provision for their children at this time.”

“Once a child turns age 18, so long as nder no legal disability, he or she is an emancipated adult and, therefore, not subject to the court’s continuing jurisdiction.  The court is, however, able to enforce an agreement between the parties and, if a college provision is included within the terms of the shared paretning plan, then it can be enforced by the court.  Keep in mind, however, that if, at some point, the shared parenting paln is terminated, the college provision would be eliminated as well.”

Form 4.21, paragraph 2.B.(3)(C), includes suggested language to specifically define the extent of each parent’s obligation to provide for a college education.  Parents generally feel much more comfortable knowing that their legally enforcealbe obligation is limited to specificed items, i.e., room, board, books, fees, and tuition.  Additionally, the author prefers to tie the parental obligation to the cost to attend a state university, rather than leave it open-ended.  Finally, the suggested language further conditions this obligation upon the child’s completion of an undergraduate program within five years and upon the child’s maintenance of passing grades at all times.”