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Payment For College In The Divorce Context

Payment for College in the Divorce Context

By David L. Duff of Duff & Kronfeld, P.C. posted in Family Law on Monday, February 27, 2017.

Under Virginia law, neither parent has any legal obligation to pay for a child’s college education. Whether a moral obligation to do so exists, is another matter not addressed herein. Therefore, if you find yourself in Court, litigating your divorce issues, then you can feel confident that the presiding judge cannot, and will not, order that either parent pay to send a child to college.

That being said, provisions addressing the payment of college expenses are commonly included when parties settle their divorce between themselves, whether by way of mediation or otherwise. Such provisions often allocate to each parent a certain percentage of the tuition, room and board, student fees and book costs associated with a child’s college education.

On occasion, parents will want to establish a “cap” on the maximum amount of expense that they are contractually obligating themselves to pay. This is most often done by limiting their exposure to the tuition, room and board costs charged for an in-state student at some designated state college/university.

Thus, in settling a divorce case, parents are able to be far more creative in addressing the payment for a child’s college education, than a judge can be, which is clearly another good reason to consider mediating your divorce case, as opposed to litigating it.

If you need assistance in handling your own divorce matter, call one of the attorneys at Duff Kronfeld & Marquardt P.C. for a complimentary 30-minute consultation (703) 591-7475.

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