State child support laws vary on whether or not non-custodial parents should have to help pay for college expenses. While some child support laws demand that payment continue until the child turns 21 if the child is in school, other states may have a child support law that states that payments can be stopped when the child is 18 years old. A couple in the process of divorce should find out their state's child support laws.
Some states will allow for a couple to work out a child's education expenses in their divorce settlement. Many state child support laws believe that both parents should be responsible for paying for their child's education. For that reason, one child support law that a state might have, is that a non-custodial has to pay child support until the child turns 21, in order to help with college expenses. In states where child support laws allow for payments to stop when the child turns 18, the custodial parent can still request help with tuition specifically from their former partner. The outcome would depend on the situation.
Depending on state child support laws, a non-custodial parent paying child support may be ordered to pay for all or some of a child's tuition expenses. Child support payments made to support the child's college education are also called post-secondary child support payments. If a child chooses to not attend college, then the non-custodial parent may not have to continue support payments, although it would be up to the judge in the family court.
Many state child support laws will have the non-custodial parent help pay for college if some conditions apply. The parent's financial stability as well as the child's financial situation are big factors when it comes to determining the decision. However, if the child support law in a particular state grants children the right to receive child support until they are 21, then the non-custodial parent may not have a choice about whether or not to contribute to the child's college tuition.
Depending on the state, a child support law may only require parents to pay for a particular number of semesters. The type of college that the child is going to also is a factor. Many parents prefer to come to their own agreements regarding their children's education. This may be the best option, especially if the parents are on good terms with one another. Many parents also want to help with their respective children's education expenses. Child support laws will not be a factor if the parent voluntarily agrees, although one should always get any legal agreement in writing.
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