Do You Have to Pay for Your Child’s College as Part of Child Support in Texas?
When parents divorce or separate, one major concern is how their child’s expenses will be covered — especially when it comes to college tuition. In many states, courts can order a parent to contribute to a child’s educational expenses as part of child support. However, Texas law takes a different approach. At Brandon Wong & Associates, our Texas family lawyers help divorcing and separated parents navigate child support and we are here to answer your questions.
Does Texas Child Support Cover College Tuition?
In Texas, child support obligations generally end when the child turns 18 or graduates from high school, whichever comes later. The Texas Family Code does not require parents to pay for a child’s college education as part of court-ordered child support. This means that, unless parents agree otherwise, there is no legal obligation for a parent to contribute to tuition, housing, or other college expenses.
Can Parents Agree to Pay for College in a Divorce Settlement?
Although Texas law does not require parents to pay for college, parents can voluntarily include college expenses in their divorce decree. This agreement can cover:
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The percentage of tuition each parent will cover
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How living expenses, books, and other fees will be handled
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Whether payments will go directly to the school or to the child
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Any academic or behavioral conditions for keeping up educational aid, such as the child maintaining a certain GPA
Once a court approves the agreement, it becomes legally binding. If one parent fails to meet their obligation, the other parent can take legal action to enforce the agreement.
Can a Texas Court Order a Parent to Pay for College?
There are very limited circumstances in which a Texas Court may require a parent to provide support beyond the age of 18. One example is when a child has a disability that requires continued care and financial assistance. However, in the case of a child who is attending college, Texas Courts generally do not have the authority to mandate parental financial support.
Does a Divorced Parent Have to Pay for College Classes for a Child in High School?
If a child is under age 18 or is still in high school, the cost of the child’s education will be covered by both parents according to the child support agreement. Many high school students take college classes as part of their high school education. When these courses have additional fees beyond the cost of the child’s normal education, both parents may be required to help pay for the cost of these classes.
Contact a San Antonio, TX Child Support Lawyer
If you have questions about child support and college expenses, an experienced Bexar County, TX family law attorney at Brandon Wong & Associates can help. Whether you want to negotiate a college expense agreement or modify an existing child support order, we are here to guide you through the process. Call Brandon Wong & Associates at 210-201-3832 to schedule a consultation and learn more about your legal options.