Under Family Code Section 3901, your duty to your children is to support them financially as long as:
- Your child is unmarried;
- Your child is under the age of 18; and
- Your child has not completed the 12th grade.1
Even if your children graduate from high school before reaching the age of 18, you are still required to support them until they turn 18. If they turn 18 before graduating from high school, the law says you must support them until they graduate.
Family Code Section 3901 does not stop you and your spouse from providing additional support for your children. For example, if you and your divorcing spouse agree to pay for your child’s college tuition, you can agree to do so as part of your marital settlement agreement.
Your Divorce Settlement Agreement Should Include a College Support Agreement
If you and your spouse agree to pay for the college tuition for your children the agreement should be specific. Negotiating college tuition payments also includes room and board, books, monthly allowance, etc. A college support agreement can outline important details such as:
- What percentage of the tuition you and the other parent are responsible for;
- Limits on payments;
- Which college(s) the child should attend; and
- Which expenses will be covered.
Just as with all aspects of your divorce, negotiating college tuition payments can be complicated. This is why it is in your best interest to seek help from an experienced divorce attorney.
Call the Divorce Lawyers at Wallin & Klarich Today
If you are going through a divorce, you and the other parent may want to negotiate who will pay the children’s college tuition. Our skilled team of attorneys at Wallin & Klarich can help you negotiate the best plan for you and your family. With over 30 years of experience in divorce cases, our attorneys are here to help you.
With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, one of our knowledgeable attorneys are available, to help you no matter where you work or live.
Call us today at (888) 749-7428 for a free phone consultation or visit www.wkfamilylaw.com. We will get through this together.
1. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3900-3902↩