Child Support in College?
Question:
Answer:
Generally, child support ends at age 18 unless the child is disabled.
As to whether a parent is obligated to pay for college expenses: It varies from state to state. In some instances, it is actually written into the support and custody agreements.
This area of law is very discretionary, however, with Judges having broad powers to rule as they wish to best match the case at hand. When deciding whether to force a parent to pay, the court will probably consider some of the following factors:
* The parent's relative financial resources:
Obviously, the court cannot make a minimum wage earner foot the bill for an Ivy league college. This is especially true if the custodial parent (or the child himself) has significantly more money than the non-custodial parent. In such cases, the courts may only require minimal college support, or none at all.
* The child's scholastic aptitude:
If the child in question shows no interest or ability to get into college, and if he is not in "academic good standing" the court may be hesitant in awarding college tuition.
* Pre-divorce parental expectations:
The courts will look to see if the parents had originally intended for the child to go to college, or if the decision was made post divorce. If the decision was made without telling the non-custodial parent, and without him giving any input on which college to attend, the courts may require less of a payment.
* Child Alienation:
In certain cases, a child may refuse any contact or communication with a parent, even if the parent makes good faith efforts to be a part of the child's life. If this is the case, and the child then demands college support from the estranged parent, the court may refuse to grant it.
In Tennessee, there is no statute or court precedent requiring a parent to pay for his / her child to go to college.
usually only until age 18, unless special provisions were made.
in ohio it would have to be in the divorce agrrement
tennessee is stil in dark ages, so who knows? the rule of law should be! that irresponsible parents should have to pay until the child becomes legal adult!
I'm not sure, but I believe that child support terminates, in most states, when the child reaches 18 or finishes high school, whichever is later. I have heard that the court may order support to be paid after that, but it would have to be in the order. If the order is silent, it would terminate at 18.
If it isnt mentioned in the divorce decree then no.
BTW yankfan...The ex was the one sleeping around but I gladly paid child support for the good of my kids...calling me the irresponsible party is rediculous
Tenn. Code §36-5-101(p)(1) and (2), “(
Except as provided in subdivision (p)(2), the court may continue child support beyond a child’s minority for the benefit of a child who is handicapped or disabled, as defined by the Americans with Disabilities Act, until such child reaches twenty-one (21) years of age.
Provided, that such age limitation shall not apply if such child is severely disabled and living under the care and supervision of a parent and the court determines that it is in the child's best interest to remain under such care and supervision and the obligor is financially able to continue to pay child support. In such cases, the court may require the obligor to continue to pay child support for such period as it deems in the best interest of the child.”
If there is no extension provided in your current support order then the age is 18.
JUST TO CLARIFY FOR FOXHOUND:
Actually, the DAY the child turns 18 is not at issue here under Tennessee law. It's the date of the next required payment is due that controls. If the child turns 18 on the second of the month and the support is ordered paid on the 1st, then that months' support must be paid.
To concur with others.. unless it specifically says in the divorce papers you only have to pay TO THE DAY the child turns 18. That means if the child turns 18 in the middle of the month if you want to you only have to send half a check.
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