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  5. Should my ex contribute to our child’s college tuition if we divorce?

Should my ex contribute to our child’s college tuition if we divorce?

On Behalf of Thomas A. Camp, P.C. | Jan 2, 2023 | Family Law |

If you divorced while your child was under age 18 and you were granted sole physical custody of your child, it is likely that your child’s other parent was ordered to pay child support.

Parents who pay child support contribute to the costs of raising a child. These costs include meeting a child’s basic needs and, if agreed upon, other expenses such as the costs of extracurricular activities and education costs.

However, child support generally ends when a child turns 18 or graduates from high school. This can be problematic if you want to help pay for your child’s continuing expenses, such as college tuition. Is there any way you can have your child’s other parent contribute to your child’s college expenses?

Child support and college expenses

Your child’s other parent has no obligation to contribute to your child’s post-high school education, absent an agreement stating otherwise. Child support obligations generally ends when a child turns 18 or graduates high school, whichever happens first.

Child custody and FAFSA

While a parent who pays child support need not pay for college, your child custody arrangements with that parent can help or hurt your child’s eligibility for federal financial aid.

When applying for college, your child will submit the Free Application for Federal Student Aid (FAFSA) to determine if they qualify for federal loans or grants for higher education.

Generally, eligibility is based on their parent’s income. If a parent has a lower income, they will qualify for more aid than a parent who earns a higher income.

If you are divorced, your child’s eligibility for FAFSA aid is based on the income of the parent with whom the child lives more than 50% of the time.

If your child lives with you and your ex 50% of the time equally, FAFSA eligibility will be based on the income of the parent who earns the most.

Modifying child custody for financial aid purposes

You may want your child to live with the parent with the lowest income prior to the time your child needs to submit their FAFSA paperwork. This may mean modifying your child custody arrangements.

Still, any child custody modifications must be based on the child’s best interests. It can help if both parents agree on the modifications.

And you and your child’s other parent can always agree out of court to contribute to your child’s higher education expenses. This way, you can both help pay for your child’s higher education, even if your child does not qualify for as much federal financial aid as you had hoped.

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Divorce is an emotional process, and when you add in a lot of money, things can get contentious rather quickly. To avoid arguments, delays and other problems, it is best to formulate a plan before you ever file your paperwork to start the process.  Forbes explains...

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On Behalf of Thomas A. Camp, P.C. | May 19, 2020 | Firm News, Property Division

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Social media is something that many people interact with on a regular basis. You may log in daily to see what is happening with your friends and family, or you may the type of person who posts about everything happening in your life. If you barely post, then social...

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On Behalf of Thomas A. Camp, P.C. | Apr 17, 2020 | Firm News, Property Division

As one prepares for their divorce proceedings in Athens, they should thoroughly research the process in order to understand all of their options. Many are ill-prepared for certain issues, such as the division of their 401k. Most believe a 401k account to be a personal...

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On Behalf of Thomas A. Camp, P.C. | Apr 2, 2020 | Child Support, Firm News

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On Behalf of Thomas A. Camp, P.C. | Mar 25, 2020 | Criminal Defense, Firm News

Legal terminology used to describe crimes can be confusing. Many laypeople mistakenly use the same terms to describe similar crimes. The law, however, draws distinctions among those terms so that they mean something very different from the point of view of the court. ...

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On Behalf of Thomas A. Camp, P.C. | Mar 23, 2020 | Criminal Defense, Firm News

Marijuana is still considered federally to be a schedule 1 substance, meaning that possession is considered a felony. Many states, however, including Georgia, have introduced legislation to allow for the use of marijuana for medical purposes. The law in Georgia is...

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