Welcome to the Big Decisions
When parents part ways, they still want the best for their kids. For many, this means making sure that their child’s education doesn’t get left behind in the shuffle.
But who should pay for college when the family dynamic changes?
In Texas, the answer isn’t straightforward, but we’re here to help make sense of it all.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
The Texas Take on Education After Divorce
In Texas, the law doesn’t force divorced parents to pay for their child’s college. But, parents can agree to share these costs after the child turns 18 or finishes high school. The agreements should be clear about who pays what, and they become a part of the final divorce deal.
What the Law Says
Child Support Ends, but Support Can Continue! According to Texas Family Code Sec. 154.001, regular child support wraps up at 18 or high school graduation. But if parents agree, support can extend to help with college.
The Texas Family Code does not contain specific statutes that mandate parents to pay for their child’s college education expenses after divorce. Instead, the provisions for child support, including any additional support for college expenses, are generally addressed within the parameters of Sec. 154.001 to Sec. 154.309, which detail the broader aspects of child support obligations and enforcement.
For specific legal guidance, it is best to consult with an experienced family law attorney who can provide advice tailored to your unique situation and help draft a legally binding agreement that reflects your commitment to your child’s education.
Making an Agreement on College Costs
Choosing to Share the Costs
It’s common for parents to agree to help pay for college. This kind of plan should cover tuition, books, housing, and other college costs. If both parents agree, they can make this official during the divorce.
When Parents Can’t Agree
Sometimes, parents can’t agree. One parent may have to ask a judge to help decide. The court can’t order college payments, but it can enforce the agreement if both parents made one during the divorce.
Financial Aid and Divorce: Understanding the Impact
How Divorce Affects Financial Aid
When parents divorce, determining who is responsible for college costs can affect the financial aid for which a child is eligible. Financial aid applications, such as the Free Application for Federal Student Aid (FAFSA), typically rely on the financial information of the custodial parent—the one the child lives with for most of the year.
The custodial parent’s income and assets are key factors in the Expected Family Contribution (EFC), which colleges use to calculate financial aid eligibility. A change in marital status can alter this figure, potentially affecting the types and amounts of aid a child can receive.
The Non-Custodial Parent’s Role
The non-custodial parent, while not legally obligated to contribute to college costs, may still play a role in the child’s educational finances. If the non-custodial parent has agreed to cover a portion of the education expenses as part of the divorce settlement, this agreement is enforceable.
Adherence to the agreed-upon terms is crucial, and any such arrangements should be documented formally to ensure that all parties have a clear understanding of their responsibilities.
Planning for College: Strategies Post-Divorce
Here’s how parents can prepare for managing college expenses after a divorce:
Start Saving Early: Establishing a college savings plan like a 529 Plan as soon as possible can provide a dedicated fund for your child’s education, offering tax advantages and potentially reducing the need for financial aid.
Communicate Clearly: Open discussions about college funding with your ex-partner can lead to agreements that avoid future misunderstandings. Whether informally or with legal assistance, these conversations are important for setting expectations.
Explore Scholarships and Grants: Scholarships and grants provide funds that do not require repayment. They are an essential resource for minimizing the financial burden on both the child and the parents.
Seek Legal Guidance: A lawyer specializing in family law can offer valuable advice on how to structure a college payment agreement during divorce proceedings. Legal counsel ensures that any agreements made are fair, clear, and enforceable.
Turner-Monahan’s Dedication to Your Family’s Future
At Turner-Monahan, PLLC, we’re dedicated to guiding you through the complexities of divorce and its impact on your children’s education funding. Understanding these nuances is essential for making informed decisions that support your child’s educational aspirations post-divorce.
We’re here to assist with negotiating agreements that serve the best interests of your child and ensure compliance with all relevant legal statutes. Reach out to us for support in these critical discussions and for steadfast legal representation that considers your family’s long-term educational needs.
Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
