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So what about college? My clients are usually anxious to discuss how their children’s post-
secondary education will be funded. In Pennsylvania, child support is paid until age 18 or until
the child graduates high school, whichever comes later. There is no obligation to pay any child
support after that. If you have been paying private or religious school tuition for your children,
that stops too. Nothing after high school (unless your child is special needs, which is another
story).
Not fair, you say? When you were still together, you discussed that you wanted your children to
attend college. Of course, because you were still together you didn’t discuss that your ex would
pay a percentage and you’d pay what was remaining. The subject of payment didn’t come up.
You just hoped your child(ren) would receive a good scholarship and generous financial aid.
Unfortunately, there is nothing you can do to force the other parent to pay as a legal obligation.
My personal belief is that parents should pay a portion of their childrens’ college tuition and
expenses, if at all possible. Some other parents believe that they paid their own way through
school and their children should do the same. There’s room for discussion here.
The reason why this is the way it is, is because of the belief that children of divorce should not
receive a benefit that children of intact marriages do not. In other words, it would be unfair for
children of divorce to have their support and tuition paid for, when children of still-married
parents would have to pay their own way.
The only way that you can ensure college tuition, books and expenses for your children are
legally taken care of is through a comprehensive property settlement agreement. A property
settlement agreement is a contract and can be legally enforced. If your spouse does not follow
the terms of your property settlement agreement, he or she is in contempt, or breach of contract.
Contact your family law attorney if you have questions on this important topic.