As student loan debt across the United States continues to skyrocket, many parents may be thinking about how to support their children with the substantial financial commitments associated with higher education and college. For divorced or separated parents in North Carolina, understanding how college costs intertwine with child support agreements can be of particular concern.
In North Carolina, child support is primarily intended to cover the reasonable expenses necessary for raising a child, which includes food, healthcare, and educational costs until the child turns 18 or graduates from high school, whichever occurs later. However, college tuition and related expenses, such as housing and textbooks, are not included in child support calculations because North Carolina law does not require parents to provide financially for an adult child and a college education. This means that if parents choose to finance their child’s college education and they want to define a legally enforceable understanding, the parents need to address those college costs in an agreement outside of Court.
Parents can opt to include financial support for college expenses in their child support agreements, and they may tailor what the financial support looks like with specific details. For example, the agreement may outline the percentage of tuition each parent will pay, who will cover or provide housing, and how the other related fees to a college education will be covered (college textbooks are not cheap!). Parents can also detail certain guidelines for applying for financial aid or scholarships. Parents may also agree to continue financially supporting their child through a non-specific monthly payment until the child graduates from college. Once parents choose to include language into an agreement regarding college-related expenses, they are bound by the terms of that agreement.
Since a Judge cannot require a parent to pay for college in North Carolina though, many parents may opt to simply financially assist their college-aged child when they can, on an informal basis and on their own terms.
For parents considering their options, consulting with a family law attorney can help clarify what your legal obligations are and how best to navigate the complex interplay between child support and college costs. Handling college costs in the context of child support can be a challenging aspect of co-parenting, particularly in the highly emotional landscapes of divorce or separation. However, by proactively discussing and negotiating these expenses with detail, parents can create an environment that supports their child’s educational aspirations while fostering a cooperative relationship between themselves.
If you or somebody you know is looking to get college expenses covered by a legally-binding agreement, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
