It is generally understood that parents have a moral responsibility to pay for their kids’ educational expenses if they are capable of doing so. Of course, some parents do not have the financial means to help their children with college and graduate school costs, and this can actually make their kids more eligible for need-based financial aid. However, if parents have sufficient resources, it is generally assumed that they should pay for their kids’ educational costs. In addition to this moral responsibility, a parent’s legal duty to pay for college may exist in many states.
It is not uncommon for parents to shirk their moral responsibility to pay for college. In addition, there are times when bad blood between parents and their children causes parents to refuse to pay for their kids’ educational costs, even when they are capable of paying. In these situations, it is important for parents to understand a parent’s legal duty to pay for college. It is worth mentioning at the beginning that even though I am a lawyer, I do not practice much family law, and I am not well versed in legal issues regarding a parent’s responsibility to pay for college or graduate school. The information in this article should not be construed as legal advice, and people should consult with a lawyer if they want to know their responsibilities to pay for educational expenses.
One of the main ways a parent’s legal duty to pay for college can arise is during divorce proceedings. It is common during divorce proceedings for parents to agree that a non-custodial parent shall be obligated to pay for their children’s college expenses. In addition, many parties agree in separation agreements between themselves (which are usually approved by a court) that a parent will pay for college costs.
Typically, the parent that has the most financial stability is the one that is usually compelled to pay for a kid’s college costs during divorce. In any case, such agreements and decrees that include these provisions are often legally enforceable. Indeed, courts have held that a parent’s legal duty to pay for college under such agreements can last beyond when a child turns 21 years old. In any case, agreements and decrees during divorce are one way to create a parent’s legal duty to pay for college.
In addition, some states require non-custodial parents to pay for college costs as an extension of child support obligations. As many people are aware, parents owe an obligation to provide financial support to their children. Courts may hold that parents must pay for educational expenses as an add-on to child support up to a certain age, usually until the age of 21. However, some states will even extend the age to which parents must pay educational costs as a form of child support if their kids are still in school.
Courts usually consider a number of factors when assessing a parent’s legal duty to pay for college as a form of child support. This includes the financial means of the parent, whether they went to college themselves, and other issues. As a result, if a parent is well-educated, and has financial resources, they may have to contribute to their child’s educational costs if they live in certain states.
In addition, courts in some states have found a parent’s legal duty to pay for college even if there are no issues regarding divorce and child support. Some courts have held that college is more of a necessity now than it once was, and a parent’s general duty to support their children should extend to paying for higher education costs in certain circumstances.
Courts look to a number of factors when deciding if children should receive educational support from their parents. This includes the financial resources of parents, how many children they have, the expectations of their kids, and a number of other considerations. Of course, the precise duties of parents varies from state to state, but it is important to note that parents from intact families may have a legal duty to pay for their kids’ educational costs.
The main way that a parent’s legal duty to pay for college or graduate school can be found is through contracts that a parent signs. It is not uncommon for parent’s to cosign student loans that are borrowed by their children. This is because children typically do not have an extensive credit history, so creditors often need parents to guarantee loans to have an extra sense of security.
It is also not uncommon for parents to borrow money by themselves to pay for their children’s college expenses. If a parent’s name is on student loan paperwork, and their kids are not named, the parent will typically be solely responsible for paying off this debt. This is despite the fact that parents and their kids may later have a falling out, or parents may later be less able to afford to pay off this debt. As a result, parents should carefully evaluate if they wish to cosign student debt or take out student loans for their kids, since their circumstances can change at a later date.
All told, a parent’s legal duty to pay for college or graduate school can be implied from a number of sources. If a parent cosigns a loan or borrows debt on their own to support their children’s education, they obviously have a legal obligation to pay back this money. However, parents may also need to pay for their kids’ education as a result of divorce agreements, child support obligations, and other requirements.