A college education is expensive. For the most recent year, the University of South Carolina reports that the total estimated cost of ending for South Carolina residents is $30,544. For out-of-state students, it is nearly twice as high. Of course, many colleges and universities cost a lot more than that. For divorcing couples, college tuition for the kids (whether imminent or far in the future) can be a very important issue to address. As Charleston divorce mediator, I have put together an overview of the most important things that you should know about getting a former spouse to pay for a child’s college education in South Carolina.
Know the Law in South Carolina: College Education and Child Support
As a starting point, it is useful to know how the law actually works in our state. South Carolina law does not require a parent to pay college tuition as part of standard child support. In the case of McLeod v. Starnes, the South Carolina Supreme Court held that courts cannot order post-secondary educational support unless the parties voluntarily agreed to it in a settlement or parenting plan. In other words, a judge can enforce that agreement as a contractual obligation, but the court cannot impose the duty on its own. Standard child support obligations end when the child turns eighteen or graduates from high school, whichever occurs later, unless the child has a qualifying disability.
Key Point: Parents who want clarity on college expenses should address tuition, room and board, books, and related costs in a written agreement.
How to Deal With College Education Expenses in Divorce
South Carolina law does not let you force an ex-spouse to pay for a child’s college education as a matter of law. Courts can only require it unless both parents previously agreed to that obligation in a written settlement. Because the court treats college support as a contractual issue, you need clear terms that define each parent’s responsibilities. The safest approach is to negotiate college expenses during the divorce process itself. That is the best approach and it is one reason why divorce mediation can be a very effective tool for parents in South Carolina. You can address tuition, fees, housing, meal plans, books, transportation, and any limits on the total contribution. Among other things, you should also specify how financial aid, scholarships, and loans reduce each parent’s share.
Note: If you already have a divorce decree, review it closely to see whether it includes enforceable language about post-secondary education costs. A modification request cannot create new college obligations. Only a voluntary agreement can do that. You may be able to get your ex spouse to enter some form of a voluntary agreement now.
Speak to Our Charleston, SC Divorce Mediator Today
At Charleston Divorce Mediators, LLC, we have the knowledge, skills, and experience that divorcing couples can rely on. If you have any questions about getting a spouse to pay college education expenses, we can help. Schedule your confidential appointment today. We provide family and divorce mediation services in Charleston and throughout the broader region in South Carolina.
About Catherine Marra
Catherine Marra is a Mediator with over 30 years of experience in Family Law, including 20 years in private practice and 10 years as a Family Court Magistrate. She uses her knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.