As high school graduation approaches, many divorcing or divorced parents face a major financial question: who is legally responsible for paying for their child’s college education? Unlike some states where the judge can order parents to contribute to university tuition, California courts generally cannot order a parent to pay for an adult child’s college unless the parents have agreed to do so or another legal exception applies.
Under California law, a parent’s legal obligation to pay child support terminates when the child turns 18, or when they turn 19 if they are still a full-time high school student living at home. Once your child receives their high school diploma, basic statutory child support ends. In most cases, a court’s authority to order child support ends at that point, absent a statutory exception or a voluntary agreement between the parents.
How to cover college expenses in your divorce?
Because judges lack the legal authority to mandate post-secondary support, securing college funding requires proactive planning during the divorce process. Parents can agree to fund college as part of their Marital Settlement Agreement. Once a judge approves your settlement, the voluntary agreement becomes a legally binding court order. A solid agreement should have:
- Cost caps: Limiting parental contributions to standard in-state public university rates
- Expense splits: Defining how tuition, room, board and textbooks will be divided between parents
- Student requirements: Requiring the child to have a minimum GPA to continue receiving support
Existing 529 accounts funded during the marriage are considered community property. Your divorce decree should state who manages the account and how funds will be distributed to prevent post-divorce disputes.
Protecting your child’s future
By addressing higher education expenses upfront, you could secure both your child’s future and your long-term financial goals. Working with an experienced family law attorney during settlement negotiations can help create a clear plan for funding your child’s education without extra stress.
