Divorce and Your Children’s College Funding

Child Support

Child Support and DivorceIf you are planning on a divorce in Texas and you have children from your marriage, you might be thinking about how your divorce will impact your children’s college funding. You might be wondering whether the court can include college expenses and tuition in the child support it orders, or whether the court will uphold an agreement made previously about how you and your spouse will support your child in college.

Whether your children are still minors or already in college, it is critical to consult with a Dallas divorce lawyer about how your divorce may impact your child’s college support plan.

Child Support and College Expenses in Texas

Some states consider college expenses and tuition to be costs that can be included in child support. For instance, some states allow courts to require parents to share costs for college tuition, living expenses, and books and fees when they have a child who is enrolled full-time in a post-secondary education. However, Texas is not one of these states. Whether you had concerns the court would require you to pay for your child’s college funding, or you are now concerned about where your child’s college funding will come from if your spouse has been the primary earner, you should know Texas will not award college expenses in a divorce.

Under Texas child support law, courts will generally not deviate from the child support guidelines in order to pay for private school expenses for minor children, though there are some exceptions. As such, college funding for children who are above the age of 18 is certainly not going to be automatically considered in a Texas divorce. However, there may be some scenarios in which a court does order one or both parents to contribute to a child’s college expenses.

When Parents Have a Prior Agreement About College Funding for Their Children 

In general, Texas courts can require parents to contribute to or pay for their kids’ college funding when they have a prior agreement in place. For example, if the parents previously agreed one of the parents would contribute to the child’s college education, the court may be able to uphold that agreement – if the terms are enforceable according to Texas law.

Seek Advice from a Dallas Divorce Attorney

If you have questions about college funding for your children after your divorce, you should seek advice from one of our Dallas divorce attorneys today. Contact Orsinger, Nelson, Downing & Anderson, LLP for more information.