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Negotiating College Costs During a Divorce | Allan Brandon Tise PLLC, Attorney at Law

Feb 02, 2021

North Carolina law does not require parents to pay college costs for their children unless there is a private obligation to do so. The law allows you to include college expenses in your agreement if you so wish. Address these critical factors if you decide to negotiate and include college expenses during your divorce. 

Respective Contributions 

You should also decide how much each of you should contribute. For example, you can decide: 

  • Each of you should contribute a specific amount 
  • Each of you should contribute a specific percentage 

Type of School 

Different types of schools have different costs. College options today include: 

  • Community colleges 
  • In-state public colleges 
  • Out-of-state public colleges 
  • Private colleges
  • Online colleges 
  • International colleges 

For example, private colleges tend to be more expensive than public colleges.  
Note that many parents have very different and strong opinions about college. Don't let your former spouse assume that the child will attend their expensive alma mater; include the type of school in the agreement or limit the financial obligation to the cost of a particular type of school such as “…four years tuition, room, board and books at UNC-Chapel Hill”. 

Fund Coverage 

College cost is more than tuition. Related costs include: 

  • Books 
  • Study equipment 
  • Accommodation and food 
  • Trips  

Determine which of these costs you want to pay for. For example, you can decide to focus on tuition costs or plan for all college expenses. 

Amount 

You may or may not set a definite figure for the college fund. If you decide on a figure, do your calculations carefully so as not to leave anything out. Don't forget that college expenses tend to increase with time. You also have the issue of inflation to consider. 


For example, $160,000 might be adequate for your perfect college today, but there is no guarantee that the same amount will be adequate years from today. The younger your child is, the stronger this uncertainty factor will be. What happens if the amount saved turns out inadequate? Do you downgrade schools or top up the money? Clarify such issues. 

Limitations 

You should also decide how long you want to pay the child's college expenses. What if the child keeps failing and delaying their graduation? How many years are you willing to support the child under such circumstances? Do you plan to fund an associate degree, undergraduate, or postgraduate education? Your agreement should answer these questions. 

Breach of Contract 

Lastly, you should also agree on what happens in case one of you breaches the agreement. Say you agree to contribute a percentage of your income, but the other parent reduces their percentage after their income rises. 


You should not have to take each other to court over the issue, but court intervention might be inevitable if dealing with a difficult ex-spouse. To address such a possibility, you should agree that the person who breaches the agreement must pay the legal fees. 



Allan Brandon Tise, PLLC, can help you negotiate your divorce agreement.  Contact us  for a consultation to ensure you get a fair and legally binding agreement.  

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