In Michigan, court-ordered child support order generally covers the needs of a child until they reach the age of 18, or 19.5 if the child is still attending high school full-time. It generally does not extend to post-secondary education expenses, such as college tuition and related costs. Despite this, divorcing parents have options to share college expenses through negotiated agreements that are legally enforceable.
Michigan child support law does not require divorced parents to pay for their children’s college expenses as part of standard support obligations. The rationale is that child support is intended to cover only basic needs, such as food, shelter, clothing, and education up to high school. This is in contrast to some other states that include college costs in child support calculations.
Nevertheless, parents can voluntarily agree to share these expenses by including specific provisions in their divorce settlement. When drafting agreements related to college expenses, several factors should be addressed:
- Specificity — Clearly outline what expenses will be covered, such as tuition, room and board, books, and transportation. Specify whether the agreement includes both undergraduate and graduate studies. Specify how living expenses will be divided, including housing, food, transportation, and personal expenses.
- Duration — Define how long the support for college expenses will last. For example, will it cover just a four-year undergraduate program, or extend beyond that?
- Conditions — Establish any conditions under which the support will be provided, such as maintaining a certain GPA or being enrolled full-time. Define any limitations on the type of college (public vs. private) or on geographical location.
- Payment methods — Detail how payments will be made, whether directly to the educational institution or reimbursed to the parent or child. Parents may choose to set up educational trust funds or tax-deferred savings accounts (known as 529 accounts) to can help ensure that there are designated funds available for the child’s college expenses.
The most essential aspect of college-expense sharing agreements is that they be fair and manageable. This must be determined by the parents themselves, since the court does not consider college costs as part of the child support obligation.
The agreement should provide for the option of modification if circumstances change significantly by the time the child attends college. For instance, what happens if a child is admitted to an expensive school that the original agreement did not contemplate, or if the parents’ relative earnings and financial resources change? The divorce settlement should allow parents to revisit the terms to negotiate new provisions for sharing college costs.
Dawson Family Law, PLLC in Troy provides comprehensive legal counsel to parents throughout Michigan in child support matters. Whether you need assistance drafting an agreement or seeking post-judgment modifications, our experienced attorneys can guide you. Please call 586-514-0084 or contact me online for a free consultation.
