In Massachusetts, parental separation profoundly affects children, particularly concerning their educational endeavors. To alleviate the detrimental impacts of divorce on children, legal provisions may compel divorced parents to contribute financially to their children’s higher education. Please continue reading as we examine who bears the financial responsibility for a child’s education following a divorce in Massachusetts and the significance of consulting with a knowledgeable Bristol County Child Support Lawyer for guidance.

Do I Have to Pay for My Child’s College in MA?

Navigating the financial complexities of a child’s college education after a divorce can present significant challenges for parents, as they may both be on the hook for covering the associated expenses. The specific details of this obligation will hinge on various factors, including the financial standing of both parents, as well as the unique circumstances of the child and the other parent involved.

Generally, there are two primary avenues through which parents may find themselves responsible for covering college costs. One common scenario involves couples deciding to independently determine how college expenses will be managed through a voluntary agreement that can be incorporated into the final marital settlement agreement. This agreement will outline the specific responsibilities of each parent, such as the precise amount each party will contribute, the type of expenses covered, and potentially even the duration of the financial commitment. Incorporating these provisions for college tuition into a divorce settlement can be a valuable tool, as you can mitigate the potential for future disputes, misunderstandings, and financial strain when the time comes to disburse funds for your child’s higher education.

Nevertheless, it is not always possible for parents to reach such an amicable agreement without court intervention, or they may choose to defer these decisions. If this is the case, the responsibility for determining college contributions will usually fall to a family court. The court, after considering all relevant factors, will issue a legally binding order dictating how college expenses are to be shared between the parents.

What Factors Are Considered by the Court?

In Massachusetts, a court can order a parent to contribute to a child’s college expenses, even after they have reached the standard age of emancipation, which is typically around 18. When the court is tasked with determining college contributions, a multitude of factors are considered to ensure a fair decision. The following may be examined during family court proceedings to assess college contributions:

  • The financial amount sought by the child for college costs
  • The financial capacity of the parents to contribute
  • The financial resources available to the child
  • The nature of the relationship between the child and parent
  • The child’s capacity to work and generate income
  • The child’s capacity to secure financial aid (e.g., scholarships, grants, and loans)

Given the escalating expenses associated with higher education, we recognize the significant concern this may present for parents. At The Law Offices of Cynthia L. Hanley, P.C., we advise proactive planning with your spouse to ensure you retain control over your contributions toward your child’s future support obligations. Connect with our firm today to schedule a consultation.