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A child's education should not be affected by divorce

Typically, the educational expenses of a divorced couple's children are considered a separate support issue and are ruled on in the divorce judgment. While the requirements of divorced parents to cover a child's educational expenses vary from state to state, parents may choose to continue child support for the duration of their child's college education.

Some states mandate that parents cover expenses related to college education based on the belief that the education of a child should not be affected by their parents divorce. Other states may see educational expenses as conditional and therefore do not require parents to cover them. However, regardless of state, parents may wish to discuss the continuation of child-support payments through their child's higher education for the greater good of their child's future.

When child support is ordered to continue into the college years, it generally is at an amount less than the support was during their upbringing. For this reason, many paying parents may find it easier to continue child-support payments. Another benefit that paying parents may find during the continuation of child support is that support payments made to adult children typically go directly to them and not the other parent.

Just as with child-support orders for minor children, child support for adult children can be modified. Several factors go into determining the amount of child support necessary for adult children attending college. If a parent elects to fill out a FAFSA for their child, their financial information, as any aid their child may be receiving, could be considered when determining support. Whether you are being asked to continue child-support payments for an adult child or are considering requesting child support for your college bound child, speaking to an attorney may help.

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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