Raising children is costly and often those costs do not end once a child turns 18 and becomes an adult, especially if they choose to pursue higher education. Attending college means tuition payments and other school-related expenses, as well as helping your children meet their basic needs while they attend school.
You may have counted on child support payments from a former spouse or partner to help pay for your child-related expenses prior to your child turning 18. However, child support in Arizona generally ends once a child turns 18 or finishes high school.
There are some exceptions to this rule. If a child has special needs or a medical condition that will prevent them from living independently or earning an income, a court could order that child support continue past age 18.
Arizona child support guidelines
However, this is typically not the situation for a child attending college. Therefore, a court cannot order your child to pay child support for children in college no matter how high the cost. Arizona judges must follow the state guidelines when calculating child support and they do not permit a judge to order child support payments for a child to attend college.
This can put you and your child in a difficult position. You want to give your child the best chance for a successful future possible and your child wants to pursue secondary education, enjoy the college experience and earn a degree.
Potential solutions
There are some solutions to this situation but they require long-term planning. If you and your co-parent are married and still negotiating a divorce settlement, you can negotiate a settlement agreement that requires one parent to contribute to a child’s college expenses.
This agreement can be negotiated through your divorce attorneys or divorce mediation. You can tailor the agreement to your own situation. For example, the agreement could require your spouse to contribute to college tuition payments if your child stays enrolled and maintains a certain grade point average.
If your divorce is litigated in court, you can make an argument to the judge. The difference in this situation is that the payments are part of a divorce settlement agreement or order and not labeled child support.
A mediated or negotiated divorce settlement that requires contributions toward college expenses is reviewed by a judge. If the judge determines the agreement is fair, it becomes an order of the court.
What if my spouse does not make the payments?
Therefore, if your spouse fails to make the agreed-upon payments, you can file a contempt motion in court. The court may order that your spouse makes the payments pursuant to the order or face legal sanctions.
Your children’s future is important. Graduating from college can be the start of a bright and successful career and provide them with the education, knowledge and skills they need to secure stable and fulfilling employment.
They should not miss out on this opportunity when one parent has the ability to fund their education but refuses. Proper planning and strategizing can ensure your child’s financial needs are met so they can focus on their education.