| State |
Duty to Provide College Support |
Additional Information |
| Alabama |
Alabama law allows post-minority support to be paid for college expenses. The Title IV-D Agency does not assist in collecting post-minority support. |
Courts may require parents to provide post-minority support for child's college education. Ex Parte Bayliss, 550 So. 2d 1038 (1989); Ala. Code § 30-3-1. |
| Alaska |
N/A |
Courts may not require either parent to pay for post-majority college support. H.P.A. v. S.C.A., 704 P.2d 205 (Alaska 1985) |
| Arizona |
The court may not order support past age of majority for college. |
No statute or case law holding parents to a duty to college support in the absence of an agreement; courts will enforce contracts to provide such support. Solomon v. Findley, 167 Ariz. 409, 808 P.2d 294 (1991). |
| Arkansas |
If the court order specifically extends the support for a child beyond age 18. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. Once child reaches majority, the legal duty of the parents to provide support ends. Towery v. Towery, 285 Ark. 113, 685 S.W.2d 155 (1985). |
| California |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Colorado |
N/A |
Colo. Rev. Stat. § 14-10-115(1.5)(b) provides that if the court finds that it is appropriate for the parents to contribute to the costs of a program of postsecondary education, then the court shall terminate child support and enter an order requiring both parents to contribute to the education expenses of the child. The court may not issue orders for both child support and postsecondary education to be paid at the same time. See In re marriage of Robb, 934 P.2d 927 (Col. Ct. App. 1997). |
| Connecticut |
N/A |
§ 46b-56c The court may not enter an educational support order for post-secondary education unless the court finds as a matter of fact that it is more likely than not that the parents would have provided support to the child for higher education or private occupational school if the family were intact.The court may enter an educational support order, which may be entered with respect to any child who has not attained twenty-three years of age and shall terminate not later than the date on which the child attains twenty-three years of age or, if such date occurs during the child's academic year, not later than the end of that academic year. The child must remain in good academic standing and make available all public records documenting course of study. Also see: Cariseo v. Cariseo, 190 Conn. 141, 459 A.2d 523 (1983). |
| Delaware |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| District of Columbia |
N/A |
D.C. Code § 16-916 provides that minor children are entitled to support; the age of minority is 21. |
| Florida |
If support has otherwise been ordered to continue. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. Courts will compel postsecondary support upon a finding of actual "dependency," but attendance at college does not necessarily render a child dependent. Slaton v. Slaton, 428 So.2d 347 (Fla. DCA 1983). |
| Georgia |
N/A |
Ga. Code Ann. § 19-6-15(e) provides that the trial court, in its sound discretion, may allow financial assistance to a child (not married or emancipated) who is enrolled in college, provided that assistance shall not be required after the child reaches 20 years of age. |
| Guam |
By agreement of the parents to extend the obligation beyond age 18. |
| Hawaii |
If the child is attending college on a full time basis. |
Haw. Rev. Stat. § 580-47 and Haw. C.S.G. provide that courts may order support of adult children for college. |
| Idaho |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an independent agreement.See Noble v. Fisher, 126 Idaho 885, 894 P.2d 118 (1995) (where father agreed to pay half of college expenses in separation agreement and agreement was merged into decree, agreement was unenforceable as contract). |
| Illinois |
N/A |
750 Ill. Law. Con. Stat. § 5/513 provides that the court may make provisions for the education expenses of the children of the marriage, whether of minor or majority age. Specifies that post-secondary support terminates when the child receives a baccalaureate degree. |
| Indiana |
21, unless an order for educational support was established before age 21. |
Ind. Code § 31-16-6-2 provides that a child support order may include sums for the child's education at institutions of higher learning, where appropriate. 2001 Ind. Acts, P.L. # 171 provides that excess proceeds of a forfeited child support, custody or visitation order bond must be applied toward the child's higher education or to the child's support and maintenance. |
| Iowa |
N/A |
Iowa Code § 598.1(8), §598.1(9) provides that "support" means an obligation which may include support for a child who is between the ages of 18 and 22 who is regularly attending an accredited school or is, in good faith, a full time student in college or has been accepted for admission to college for the next term. |
| Kansas |
Any other reason by agreement of the parties only. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Kentucky |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. See also Reed v. Reed, 457 S.W.2d 4 (Ky. 1970). |
| Louisiana |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Maine |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Maryland |
The court may order support if the parties involved agree to support the child through 4 years of college or higher education. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. The Maryland child support guidelines provide, however, that in determining whether the application of the guidelines would be unjust or inappropriate in a particular case, the court may consider the terms of any existing separating or property settlement agreement or court order, including any provisions for payment of college educational expenses. |
| Massachusetts |
A court, in its discretion, may order support up to age 23 if a child is domiciled with a parent and principally dependent on that parent due to the child's enrollment in an education program, excluding educational costs beyond an undergraduate degree. |
Mass. Gen. Laws. Ch. 208, § 28 allows a court to render an order for support for a child between the ages of 18 and 21 who is domiciled in the home of a parent and principally dependent upon said parent for support. See Doe v. Roe, 32 Mass. App. Ct. 63, 585 N.E.2d 340 (1992). |
| Michigan |
Beyond 19 1/2 by agreement of the parties. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Minnesota |
Support can extend beyond this date if specifically addressed in the order and if parties had agreed to an educational trust fund for cost of post-secondary education. Minn. Stat.§ 518.551 subd. 5d. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Mississippi |
If the parties agree, support may continue beyond the age of majority. |
Since the age of majority in Mississippi is 21, support for college expenses may be ordered up to that age. Stokes v. Martin, 596 So.2d 879 (Miss. 1992). |
| Missouri |
If a child enrolls in college or vocational school by October 1 following high school graduation, support continues until age 21 or when his/her education is completed if the child: 1. Enrolls for and completes at least 12 hours of credit each semester; 2. Achieves grades sufficient to re-enroll at the institution; and 3. At the beginning of each semester, submits to each parent a transcript or similar official document provided by the college or vocational school which includes the courses the child is enrolled in and has completed for each semester, the grades and credits received and the courses the child is enrolled in for the coming semester. A court may waive the October 1 deadline for enrollment. The twelve-hour requirement may also be waived if a child has a physical or developmental disability or a diagnosed health problem that prevents him/her from taking 12 credit hours or a child is working at least 15 hours per week and taking as few as 9 credit hours per semester. |
Mo. R. Civ. Pro. 88.01; Mo. Rev. Stat. § 452.340.5 provides that if the child is enrolled in an institution of higher education, the parental support obligation shall continue until the child completes his education or until the child reaches the age of 22, whichever occurs first. |
| Montana |
Life of order may be extended by written agreement or express provision of decree. |
Mont. Code Ann. § 40-4-204(2)(d) allows a court to consider the child's educational needs in setting support. |
| Nebraska |
Only if parties agreed and it's included in the support order. |
A district court in a dissolution action may not order child support beyond the age of the majority of a child over the objection of any parent absent a previous agreement between the parents. In this case, the parents' prior agreement was enforced. Zetterman v. Zetterman, 245 Neb. 255, 512 N.W.2d 622 (1994). |
| Nevada |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| New Hampshire |
There must be a court order to extend beyond the age of majority. Decided on a case by case basis examples of extenuating circumstances. |
Gnirk v. Gnirk, 134 N.H. 199, 589 A.2d 1008 (1991) held that support may be awarded for college expenses of adult children in appropriate circumstances. |
| New Jersey |
If the child is continuing education or any other reason as determined by the court. |
Newburgh v. Newburgh, 88 N.J. 529, 443 A.2d 1031 (1982) held that the court has jurisdiction to award a payment of support and expenses of a child attending college even though the child has reached the age of majority. |
| New Mexico |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| New York |
Under very limited circumstances if stipulated in a divorce decree. |
N.Y. Do . Re. Law § 240(1-b)(c )(7) provides that the court may award educational expenses, such as for college or private school or for special enriched education. A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so. See Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S.2d 591 (1991). |
| North Carolina |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| North Dakota |
If the parties agree or if the court determines the support to be appropriate. |
N.D. Cent. Code §14-09-8 provides that parents shall give their children support and education suitable to the child's circumstances, and that the court may compel either or both of the parents to provide for the support of their children. §14-09-15 states that when a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation in the absence of an agreement therefore. See Johnson v. Johnson, 527 N.W. 2d 663 (N.D. 1995). |
| Ohio |
If specified in a court order due to college. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Oklahoma |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Oregon |
Beneficiaries age 18 and under 21 years of age who qualify as a "child attending school" effective September 1, 2005 must be enrolled in any school at least one-half time and be making satisfactory academic progress as defined by the school. A prorated share of the support is paid directly to the child at their 18th birthday based on the number of children for whom support is ordered. We have the ability to stop support at any time a child is no longer in school and start support when a child returns to school. |
Or. Rev. Stat. § 107.108 authorizes a court to order a parent to pay support for a child regularly attending post-secondary education to age 21. See In re Marriage of Wiebe, 113 Or. App. 535, 833 P.2d 333 (1992). Also see Crocker and Crocker, 332 Or 42, 22 P3d 759 (2001). |
| Pennsylvania |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. See Curtis v. Kline, 542 Pa. 249, 666 A.2d 265 (1995). |
| Puerto Rico |
Support beyond the age of majority could be ordered only by the court if the child is a full time student, maintains good academic progress and can demostrate economic needs to justify continuation of support. |
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| Rhode Island |
N/A |
1998 R.I. Pub. Laws, §15-8-18 allows court to consider the need and capacity of the child for higher education in determining amount and time period of support order. |
| South Carolina |
N/A |
Court may order college support. Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979); West v. West, 309 S.C. 28, 419 S.E.2d 804 (Ct. App. 1992) (jurisdiction of the family court is permitted in cases of children over 18 years of age where exceptional circumstances warrant it; family court judge may require a parent to contribute that amount of money necessary to enable a child over 18 to attend high school and four years of college, where there is evidence that: (1) the characteristics of the child indicate that he or she will benefit from college; (2) the child demonstrates the ability to do well, or at least make satisfactory grades; (3) the child cannot otherwise go to school; and (4) the parent has the financial ability to help pay for such an education). |
| South Dakota |
The parties can agree to a longer period of support and if approved by court order is enforceable and binding upon the parties. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Tennessee |
When the child is in college if it is stated in the court order. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. See also Nash v. Mulle, 846 S.W.2d 803 (Tenn. 1993). |
| Texas |
N/A |
Tex. Family Code Ann. §154.002 allows extension of support beyond age 18 if the child is enrolled in a joint high school/junior college program. |
| Utah |
By court order. |
Utah Code Ann. § 15-2-1 provides that in divorce actions, courts may order support to age 21. |
| Vermont |
Only if stipulated by the parties. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Virgin Islands |
Support may continue up to age 22 so long as proof is submitted that the child is enrolled and attending college on a full time basis. Proof must be submitted in the form of an official letter from the school registrar certifying, not just enrollment, but attendance on a full time basis. |
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| Virginia |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Washington |
Court may order post-secondary support. |
Wash. Rev. Code § 26.19.090 provides that the court may, in its discretion and according to enumerated factors, award college support. |
| West Virginia |
N/A |
W. Va. Code 48-11-103 allows the court to award college support. |
| Wisconsin |
No response available. |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |
| Wyoming |
N/A |
No statute or case law holding parents to a duty to college support in the absence of an agreement. |