Managing College Expenses After a Divorce: Who's Responsible?

College costs are soaring higher than ever. According to U.S. News and World Report, the average tuition for a private college in 2023-24 was $42,162, 4% higher than the previous year. This figure doesn't include additional expenses and doesn't account for future inflation, which could drive prices even higher.

Under Texas child support laws, a parent is only required to pay child support until the child graduates from high school or turns 18. This raises an important question for divorced parents: Who pays for college after a divorce?

Be Proactive About College Planning

Since Texas courts do not mandate continued child support for post-secondary education, it's crucial to plan for college expenses well in advance. Ideally, this should be done during the divorce process.

Establishing a College Support Agreement

Consider drafting a written agreement about college expenses. If properly executed, such agreements are enforceable in most states. These agreements can provide peace of mind, ensuring that both parents are prepared to support their child's education. They can also help avoid future disputes over college expenses.

Key Considerations for a College Support Agreement

Each family’s situation is unique, and what works for one family may not work for another. Here are a few factors to consider:

• Definition of "College": Does it mean four years at an in-state school? Or does it include out-of-state or private colleges, extended graduation timelines, or even graduate studies?
• Savings Plans: Some families start depositing a portion of their incomes into college savings funds early on.
• Payment Responsibilities: If both parents have similar incomes, a 50/50 split might be fair. However, if one parent earns significantly more, a 70/30 division might be more equitable.

Given the complexity of these arrangements, it’s wise to consult with your attorney and financial planner.

Contact the Schneider Law Firm, P.C.

At any of our three offices, the Schneider Law Firm attorneys are here to help answer your questions about divorce and college expenses. Call us at 817-850-9955 to discuss your situation and get the guidance you need.