How Divorce Affects Your Children’s College Education

If you are getting divorced or already divorced, your children may be going to college or will be going to college in their lifetimes. Here is what you need to know about how divorce affects your children’s college education.

Who picks which college the child goes to?

Typically, the child will choose which college he/she wants to attend. However, if the child wants to defer to the parents, then the custodial parent will get to choose which college the child attends.

Who pays for college?

If, in the divorce, you and your ex-spouse entered into an agreement regarding who pays for college, and how much that payment is, then the agreement will control.

If, the Court has to decide who pays for college, then there are a few factors the Court will consider in making that decision. In simple terms, if you or your spouse attended college, then most likely, the Court will make the parents pay for the child’s college education. Also, if the child has other attributes that makes the child a good candidate for college, then the Court will also most likely make the parents pay for the child’s college education.

How much do I have to pay for college?

Once again, if there was an agreement, then that agreement will dictate on how much each parent will pay for college. Typically, there will be an upper limit to how much you have to pay. That upper limit is the cost for the child to attend a SUNY school.

If there was no agreement, then the Court will decide how much each parent has to pay. In that instance, it is likely that Court will make each parent pay their pro-rata share of the child’s college expenses.

What about college tours?

These days, it is common for parents and their children to go on several tours of different colleges. Whether or not you go on a college tour with your child, will be something you should be able to work out with your child.

If you are getting divorce, there are several issues you will need to confront. David Badanes and the Badanes Law Office has the experience to guide you through these issues.

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