Setting up a college payment plan during divorce

On Behalf of | Mar 12, 2022 | Child Support

Going through a divorce with children is challenging. You need to ensure that your children will receive the support they need in the present and the future.

Part of your considerations should include your child’s education. Unfortunately, your spouse is not obligated to pay for college tuition under child support. Minnesota law does not specify any obligations for the parent to pay for an education past high school. However, you can take specific steps to ensure your spouse helps with higher education payments.

What will courts enforce?

According to College Tuition Compare, Minnesota tuition costs $7,099 on average for in-state students and $17,916 for out-of-state students. Divorce can bring a lot of financial uncertainty. If you do not create a written contract with your spouse, the courts will not enforce any verbal agreements. Minnesota has a relatively hard cut-off for child support at 18 years. The only exceptions the courts will make are for medical cases or if they still are in high school.

Suggest multiple options for payments

As stated above, a verbal agreement is not enough to legally obligate your spouse to help with college payments. Try other payment plans if you have trouble getting your spouse to agree on tuition payments. For instance, you could propose a monthly contribution to a fund meant for your child after they reach maturity.

You do not want to pay for college tuition alone if you cannot help it. Legally, Minnesota does not enforce any child support payments past 18. Work with your spouse to create a payment plan that keeps your child’s education in mind.

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