Who Has to Pay the Kids’ College Tuition After a Divorce? 

Divorce is already complicated; add the kids' college tuition to the mix, and things can get even trickier. Many parents ask me one question—who foots the bill for their children's higher education post-divorce? While the answer can be complicated, I'm here with some clear insights to help you make sense of it all. Let's get started. 

Addressing College Costs in a Divorce Agreement 

Many couples overlook the importance of discussing college tuition during divorce proceedings. It can be helpful to include each parent's responsibilities for their children's education in the divorce agreement. This can prevent stress and disagreements and save time and money in the future. 

For example, the agreement can state whether both parents will contribute equally or if the financial burden will be divided based on each parent's income. It can also outline the specific expenses to be covered, such as tuition, books, housing, and related fees, as well as the duration for which the parents will be responsible for these costs, whether until graduation or a certain age. 

The Role of Child Support 

Child support typically covers only basic needs such as housing, food, and clothing. While these payments usually end when the child reaches 18 or graduates high school, parents can agree to extend them to cover college expenses by specifying this in a separate provision in their divorce agreement. This can also help in cases where one parent is unable to contribute to college costs due to financial constraints. 

Factors Courts Consider 

When determining who pays for college, courts may consider several factors, such as each parent's financial situation, the child's academic performance, and the cost of the chosen college. Courts may take into account the parents' potential future income and any other financial obligations they may have, such as supporting other children. They may also consider the child's commitment to education, including their choice of major and potential for scholarships, to ensure the financial support is justified. 

The court weighs all these factors to reach a fair decision that serves the best interests of the child. This decision, however, may not align with what the parents had originally agreed upon in their divorce agreement. Ultimately, the goal is to provide a fair and reasonable solution that considers all parties' abilities and circumstances. 

The Impact of Remarriage 

Remarriage can complicate matters. If either parent remarries, the new spouse's income may be considered when determining financial responsibilities, affecting the amount of support available for college expenses. If there are stepchildren involved, their financial needs may also impact the funds available for college tuition.

Besides, the remarried parent may have additional household expenses, which can influence their ability to contribute to their children's higher education. Divorced parents must discuss any potential changes with their ex-spouse and update their agreement as needed. 

Division of College Costs 

There are several ways to divide college costs between divorced parents. One common approach is to split the expenses equally. Another option is to allocate costs based on each parent's income. For example, if one parent earns significantly more than the other, they may agree to cover a larger portion of the expenses.  

Some parents opt for a proportional split based on both parents' total contributions to their child's upbringing over the years. Alternative arrangements, such as setting up a joint college savings account, can also help in managing costs effectively. Each parent can contribute to this fund based on their agreed ratio or financial ability.

Some parents may decide to base their contributions on specific expenses, such as one parent covering tuition while the other handles room and board.  

Whatever method you choose, make sure it is clearly outlined in your agreement. Rooting the agreement with flexibility and clear communication can prevent misunderstandings and ensure that both parties are committed to supporting their child's educational journey. 

Tennessee Laws on College Tuition After Divorce 

In Tennessee, parents are not required to pay for their children's college education. However, they can voluntarily agree to cover these costs as part of their divorce settlement. Once included in the agreement, it becomes legally binding and enforceable by the court.  

Tennessee courts may consider the parents' previous handling of educational expenses and their intent to support their children's higher education when enforcing such agreements. Divorcing parents should discuss and document any agreements to prevent any future legal complications. 

Address Your Questions With a Family Law Attorney

If you are going through a divorce, have complicated adoption negotiations, child custody, or support issues, you will need an experienced family law attorney on your side. At Steven C. Frazier, Attorney at Law, located in Kingsport, Tennessee, I guide and support couples and families throughout Kingsport, Church Hill, Johnson City, Bristol, and throughout Northeastern Tennessee.

I always prioritize my clients' best interests and strive for the best possible outcome. Call my firm today if you have any questions or to schedule a consultation.