College Tuition – Who Pays When Parents are Divorced?
In Washington State, the responsibility for paying for a child’s college tuition after a divorce can be determined through various methods. Those methods are discussed below.
Child Support Agreement.
During your dissolution proceeding or parenting plan proceeding, you can agree to include an agreement about postsecondary (college) support. You can simply agree that each parent will pay a portion and that will be determined at the time the need arises or you can reach an agreement on all provisions. The parties are able to negotiate an agreement after their divorce or parenting plan matter is closed. The agreement should be reduced to writing and a joint Petition to Modify the Child Support would need to be entered. That written agreement potentially avoid future disputes over the postsecondary support issue. It would also allow either parent to file a Motion to Enforce should one parent attempt to ignore the agreement.
Court Order.
If you did not previously reach an agreement, either parent can file a Petition to Modify the Child Support before the child turns 18 to request the Court issue an order addressing postsecondary expenses. According to RCW 26.19.090, the Court will first determine if the child is dependent and relies on the parents for reasonable life necessities. The specific amount and durations of support are determined after a review of various factors, including the child’s age, needs, and educational goals, as well as the parents’ expectations, resources, and standard of living. See RCW 26.19.090.
Important Considerations.
If your child is not a high school senior and their college aspirations are not yet known, it is unlikely the Court will enter an Order regarding postsecondary support obligations. The Court would enter an Order that is agreed upon before your child is a high school senior but would unlikely do so if contested.
The Court during a contested postsecondary proceeding, the Court will likely consider your child’s academic performance during their college courses as a prerequisite for continued support. Meaning your child will need to be passing their courses. The Court will also likely take into consideration any financial aid received by the child.
Finally, a Court will analyze each parents’ financial situation to determine their ability to contribute to postsecondary expenses. The goal is to provide the child with support without causing financial hardship to either parent. Courts recognize not every parent has the ability to support a child financially during college. The court’s decision on who pays for post-secondary support and how much is based on a comprehensive evaluation of the child’s need and the parent’s financial capabilities, to ensure the support is fair and reasonable given the circumstances.
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