Asked & Answered
Who Pays for College in an Ohio Divorce?
As your children approach their teenage years, one of the biggest financial concerns on your mind is college. In a divorce, a common question is whether a court can order a parent to pay for college expenses.
In Ohio, a parent's legal obligation to pay child support automatically terminates the earlier of when a child turns 19 or turns 18 and graduates from high school. This means a judge generally cannot order a parent to pay for college tuition, room, and board against their will.
However, just because a court cannot force you to pay for college does not mean it cannot be part of your agreement.
Parents who are committed to their children's higher education can, and very often do, make the issue of college expenses a part of their divorce settlement. You and your spouse can voluntarily agree to address it in your Separation Agreement. This agreement can be highly detailed, specifying things like:
What percentage of costs each parent will cover.
Whether the obligation is capped at the cost of a state university.
How you will use existing college savings plans (like a 529 plan).
The age at which the support obligation ends (e.g., upon graduation or at age 22).
By negotiating this issue and including it in your legally binding decree, you create certainty for your children and avoid future disagreements down the road. Of course, there are many important decisions to consider when preparing non-standard terms such as this so ensure you have the advice of competent counsel in the preparation of such an agreement.
To learn more about planning for your children's long-term financial needs, download our free guide: Focused on Their Future: A Strategic Guide to Custody and Co-Parenting for Professionals.
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