Paying for college can be a significant financial challenge for any family. For divorced or separated parents, the issue can become more complicated. Who pays tuition? What about room and board? Does one parent have to contribute more because that parent earns more? And can a Massachusetts court require a parent to help pay for college even though the child is already 18?

Massachusetts law allows courts to address certain college expenses for children of divorced parents. However, there is no automatic rule requiring parents to divide every college bill equally. The result can depend on the parents’ finances, the child’s circumstances, the cost of the school, financial aid, and the terms of the divorce agreement or judgment.

Can a Massachusetts Court Require Parents to Pay for College?

Massachusetts General Laws Chapter 208, Section 28 permits the Probate and Family Court, in appropriate circumstances, to make orders concerning the maintenance, support, and education of children beyond age 18.

The statute generally allows support for a child who has reached age 18 but not 21 when the child is domiciled with a parent and principally dependent upon that parent for maintenance. It may also permit support for a child who has reached 21 but not 23 when the child is domiciled with a parent, principally dependent upon that parent, and enrolled in an educational program, subject to the statute’s requirements.

This does not mean that every parent will automatically be ordered to pay a particular percentage of college expenses. The circumstances of the family matter.

How Does Massachusetts Determine Each Parent’s College Contribution?

Massachusetts courts can consider the parents’ financial circumstances when addressing college costs. Income, assets, other financial obligations, the child’s resources, financial aid, and the overall cost of attendance may all become relevant.

Parents are not necessarily required to contribute equal amounts.

When one parent earns substantially more than the other, requiring a strict 50/50 division may not be realistic. Conversely, choosing an unusually expensive college does not necessarily mean that both parents must pay whatever the school charges.

A divorce agreement can also be extremely important. Some agreements establish how future college costs will be divided, while others leave the issue for later determination.

Is There a Limit on How Much a Parent Can Be Required to Pay?

The Massachusetts Child Support Guidelines contain important provisions addressing contribution toward post-secondary educational expenses.

The Guidelines generally provide that, when the court orders a parent to contribute to undergraduate educational expenses, the contribution should not ordinarily exceed 50 percent of the undergraduate in-state resident costs of the University of Massachusetts Amherst, unless the court determines that a parent has the ability to pay a higher amount.

The benchmark can include tuition, fees, room, and board as identified by the Guidelines.

This does not limit a student to attending UMass. Rather, it provides a reference point courts can use when determining a parent’s contribution toward a more expensive public or private institution.

What Happens If a Child Chooses an Expensive Private College?

A child’s decision to attend a private college does not necessarily obligate divorced parents to divide the entire cost.

Ideally, parents address college selection and affordability before enrollment. Questions may include whether less expensive schools were considered, what financial aid is available, whether the student received scholarships or grants, and how much each parent can reasonably afford.

A family with substantial financial resources may approach a $90,000-per-year private university differently from parents whose finances cannot support that expense.

Planning before deposits and financial commitments are made can prevent significant disputes later.

Do Scholarships and Financial Aid Affect What Parents Pay?

Financial aid can significantly affect the amount remaining for the family to pay.

Divorce agreements may specify that scholarships, grants, loans, or other financial assistance will be considered before the parents’ respective contributions are calculated. The student may also be expected to contribute through earnings, savings, loans, or other resources depending on the agreement or court order.

The language used in a divorce agreement matters. Terms such as “college expenses” should be defined carefully so that parents understand whether they include tuition, housing, meal plans, books, transportation, health insurance, and other costs.

Can Parents Address College Costs in Their Divorce Agreement?

Yes. Parents can negotiate college provisions as part of their divorce settlement.

A carefully drafted agreement can establish how expenses will be calculated, whether there is a maximum contribution, how financial aid will be treated, and whether the parents and child must participate in the college-selection and financial-aid process.

At the same time, predicting a family’s financial circumstances many years into the future can be difficult. Parents divorcing when a child is six may have very different incomes and resources by the time that child applies to college.

College provisions should therefore balance predictability with the possibility of future change.

Does Child Support Continue While a Child Is in College?

It can.

Massachusetts does not automatically terminate child support when a child turns 18. As noted above, Chapter 208, Section 28 permits support to continue in certain circumstances involving older dependent children.

The Child Support Guidelines also recognize the relationship between child support and college expenses. A court considering both obligations should evaluate the combined financial burden rather than treating each in isolation.

Whether support continues, and at what amount, depends upon the child’s age and circumstances, the existing judgment, and the applicable Massachusetts law.

Planning for College After a Massachusetts Divorce

College expenses can become a major post-divorce financial issue, particularly when parents have different expectations about school choice, affordability, and their respective contributions. Addressing these questions before tuition bills arrive can reduce uncertainty and conflict.

The Massachusetts family law attorneys at Kelly & Murstein assist clients with divorce, child support, post-divorce modifications, and financial issues involving children. An experienced family law attorney can review an existing divorce agreement, evaluate the parents’ obligations under Massachusetts law, and help negotiate or litigate disputes concerning college expenses.

Divorced or divorcing parents with children approaching college age should consider reviewing their existing agreements and financial circumstances early to understand how Massachusetts law may affect responsibility for higher-education expenses.