Whether or not divorced parents can be required to pay college tuition for their child depends on what state they live in – actually what state they were divorced in. Some states can order divorced parents to pay these expenses. However, in Tennessee there is no legal requirement for divorced parents to pay college tuition and expenses for their child.
The Tennessee Child Support Guidelines require parents to support their child financially until the age of 18, or until they graduate from high school, whichever occurs last. Beyond that point the child is on his or her own as an adult unless there is a specific provision in their parents’ divorce decree that requires support beyond the age of majority. Parents who want their children to attend college and who want to foot the bill can make provisions for that to happen in the divorce agreement, or in the parenting plan.
Establishing a voluntary college tuition agreement
When a couple is negotiating their divorce settlement agreement, it will include language that outlines things such as:
- How much each party is willing to contribute
- How long the support will continue
- What stipulations the child must meet in order to keep receiving the support.
- Specific guidelines on what kinds of expenses are covered
A family law attorney can help the couple draw up this document, which will become part of the divorce settlement agreement, which means that it is enforceable by the court.
What are the expectations of more affluent parents?
The Supreme Court of Tennessee has ruled, in the case of Helen Matlock Nash V. Charles Mulle, that when a parent earns a high income they may have an obligation to provide for their child’s financial future. The court can require parents to contribute to a college trust fund, which is usually maintained by the parent with physical custody.
Generally speaking, affluent parents are the only parents in Tennessee who may be required to support their child through college. There are several other options for other parents who want to make sure that their child’s college education is taken care of.
A family law attorney can help divorcing families work out agreements that are fair to all concerned.
We can help you work out a plan for paying for college tuition after divorce. Contact Miller Upshaw Family Law, PLLC today at 615-391-4200 to schedule an in-person or video consultation with an experienced attorney.
Karla C. Miller has devoted her entire career to the practice of family law in Tennessee. She attended Auburn University and Nashville School of Law, and upon graduation in 1996, she opened her own law firm and has been assisting families throughout Tennessee since then. Learn more about Karla C. Miller here.
