Horenstein Family Law Blog
Divorced Parents and Post Secondary Education Child Support Obligation
Posted: May 19, 2010
There is an anomaly in Washington law regarding the requirement to help pay for your child’s post high school education.
If you are married, you have no legal obligation to help pay for your child’s post high school education. However, if you are divorced, the court can require you to do so.
The theory is that if you are married, you will most likely assist your child with his or her post high school education costs, but if you are divorced, you may not be financially as able to do so, nor as motivated to do so because of ongoing disputes with your former spouse. Right or wrong, this is the state of the law in Washington on this issue.
Notwithstanding the above, the court loses jurisdiction over a child when that child turns eighteen, so if the divorce is commenced after the child turns eighteen, the court has no power to order a parent to assist with post high school education costs. On the other hand, if the divorce is final before a child turns eighteen, and depending on the language in the Order of Child Support, the court may retain jurisdiction to order the parents to contribute to the post high school education expenses.
It is critical to examine the language in the Order of Child Support to determine if the court retains jurisdiction over this issue and what the deadlines are to file for such relief. Generally, you must file and serve the proper papers before the child turns eighteen or the court loses jurisdiction.
It is best to plan for this issue early in a child’s senior year of high school and file the action before child turns eighteen. You might be able to file after the child turns eighteen if he or she has not yet graduated, but that is riskier.
Obtaining advice from a lawyer is critical in this area as it is complicated and often dependant on specific language in the Order of Child Support and the timing of the child turning eighteen and graduating.
Disclaimer: This blog is written and published by The Scott Horenstein Law Firm and primarily written by Dru S. Horenstein for educational purposes only, i.e. to give information and a general understanding of Washington family law, not to provide specific legal advice. The information provided by this blog should not be used as a substitute for legal advice from a licensed attorney in your state. Dru S. Horenstein is licensed to practice law in the State of Washington only.
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The Scott Horenstein Law Firm, PLLC provides experienced legal counsel to clients with family law and personal injury needs in Washington. Our office is located in Vancouver and assists clients in Vancouver, Camas, Battle Ground, Ridgefield, La Center, Amboy, Yacolt, Washougal, Woodland, and throughout Clark County, Washington. Call Today For An Initial Consultation: 360-699-1530.
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