Will My Child Support End When My Child Goes To College?
- On August 18, 2015
Will my child support end when my child goes to college?
No. Child support is a parent’s obligation until the child is emancipated. If your child attends college and you are contributing to the expenses, child support may be reduced. Unless your child attends a local college and continues to live at home with you or the other parent, the Child Support Guidelines are not used to determine the amount of your child support obligation. Instead, the statutory factors are to be considered.
They include these 10 points:
1. Needs of the child
2. Standard of living and economic circumstances of each parent
3. All sources of income and assets of each parent
4. Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment
5. Need and capacity of the child for education, including higher education
6. Age and health of the child and each parent
7. Income, assets and earning ability of the child
8. Responsibility of the parents for the court-ordered support of others
9. Reasonable debts and liabilities of each child and parent
10. Any other factors the court may deem relevant
The statute further provides:
“The obligation to pay support for a child who has not been emancipated by the court shall not terminate solely on the basis of the child’s age if the child suffers from a severe mental or physical incapacity that causes the child to be financially dependent on a parent. The obligation to pay support for that child shall continue until the court finds that the child is relieved of the incapacity or is no longer financially dependent on the parent.However, in assessing the financial obligation of the parent, the court shall consider, in addition to the factors enumerated in this section, the child’s eligibility for public benefits and services for people with disabilities and may make such orders, including an order involving the creation of a trust, as are necessary to promote the well-being of the child.”
“As used in this section “severe mental or physical incapacity” shall not include a child’s abuse of, or addiction to, alcohol or controlled substances.”
Thus, while your child support may be reduced to reflect your responsibility to contribute to the college expenses, and to delete any duplication of expenses that are paid as a part of your college contributions, your obligation to continue to provide for the support of your child continues until the child is emancipated.