Does South Carolina Child Support Include an Obligation to Pay Part of College Tuition?

Given the cost of higher education, many parents start saving for college when their children are in grade school, or maybe even before that. Under any circumstance, paying for tuition, housing and other costs can be a complex challenge. The situation might be even more difficult if parents are no longer together. While a son or daughter is a minor, their financial needs are addressed through a child support order, but are these arrangements required to set forth terms regarding higher education expenses? 

Unlike some states that have explicit statutes obligating both parents to contribute to college costs, South Carolina does not generally require a noncustodial parent to pay child support once the youth has turned 18 and graduated high school. The decision to fund a child’s post-secondary education falls primarily within the scope of parental agreement and judicial discretion.

Despite the lack of a general mandate, it is often beneficial for mothers and fathers to negotiate terms detailing how existing or potential college costs will be funded. Should the matter go to trial, a judge has the authority to include responsibility for higher education expenses as part of a child support order. Factors such as the parents’ financial resources, the child’s academic performance and any prior agreements or commitments made by the parents are typically considered. 

For those seeking judicial intervention, clear evidentiary support demonstrating the child’s aptitude, desire for higher education and the financial capabilities of each parent can influence the court's decision. Notably, a history of parental support toward educational goals or an expressed intent to fund education, can also weigh heavily in the court’s deliberations.

There are many ways parents can come to an agreement over paying for college. Each might promise to contribute a specific percentage of overall costs. Alternatively, one parent could be responsible for tuition while the other covers related expenses such as housing, books and fees. Explicit agreements can be documented to ensure enforceability and clarity.  

Parents are advised to approach this issue honestly and focused on what’s best for their son or daughter. A skillful family lawyer can help to negotiate an arrangement that accurately reflects the circumstances and divides responsibilities fairly. By engaging in thoughtful planning and working with a seasoned legal professional, parents can effectively navigate this important aspect of their child’s future.

McManaway Law, LLC in Greenville handles child support matters and other family law issues for Upstate South Carolina residents. For a consultation, please call 864-428-8912 or contact me online.