Child Support and College Expenses: Which States Require Contributions

The College Expense Divide in American Family Law

Here's the short answer that surprises most parents: most states can't order a divorced parent to pay for college. But a meaningful minority can — New York under DRL § 240(1-b)(c)(7) can order contributions through age 21, and New Jersey, Connecticut, Massachusetts, Indiana, Illinois, and several others have similar authority. With College Board data putting public in-state tuition at $25K–$30K/year and private at $45K–$55K, whether your state is in the ordering-allowed camp is a six-figure question.

The states that allow courts to order college contributions include New York, New Jersey, Connecticut, Massachusetts, Indiana, Iowa, Illinois, Missouri, Oregon, Utah, Washington, and several others. The specific rules, age limits, and factors vary by state. In the remaining states, courts cannot order college support—but parents can voluntarily agree to share college costs in their divorce settlement, and such agreements are generally enforceable as contracts.

Regardless of whether your state allows court-ordered college support, addressing the issue in your divorce agreement is wise planning. College costs have risen dramatically—the average annual cost of a four-year public university is approximately $25,000 to $30,000 for in-state students and $45,000 to $55,000 for out-of-state or private institutions according to the College Board's Trends in College Pricing.

Planning now can prevent expensive disputes later. For the overall child support framework, see our state-by-state child support guide.

States That Require College Contributions

New York is one of the most well-known states for court-ordered college support. Under New York Domestic Relations Law §240(1-b)(c)(7), courts can order parents to contribute to educational expenses, including college, through age 21. The amount is typically based on the cost of attending a SUNY (State University of New York) school as a baseline, though courts have discretion to order more for families with the means to afford private institutions.

New Jersey courts can order college contributions under NJSA 2A:34-23(a). The landmark case Newburgh v. Arrigo (1982) established a 12-factor test that courts use to evaluate college contribution requests, including the parents' ability to pay, the child's relationship with each parent, the child's academic aptitude, and the availability of financial aid. Indiana mandates college support under IC §31-16-6-2 through age 21 for children who are pursuing post-secondary education.

Illinois allows courts to order college contributions under 750 ILCS 5/513. The statute limits contributions to the cost of attending the University of Illinois at Urbana-Champaign and requires the child to maintain a C average.

Connecticut courts have broad discretion to order support for adult children in educational programs under CGS §46b-56c. Massachusetts allows orders through age 23 for children still in undergraduate education. Use our New York Child Support Estimator for state-specific calculations.

Factors Courts Consider in Awarding College Support

When courts have the authority to order college contributions, they typically consider several factors: both parents' financial resources and ability to pay, the child's academic record and aptitude for college, the child's own financial resources (savings, employment, financial aid), the child's relationship with each parent (some states reduce or deny support if the child has alienated a parent), the standard of living the child would have enjoyed if the family had remained intact, and the availability of scholarships, grants, and loans.

The child's own responsibility is a factor in most states. Courts generally expect the child to contribute through part-time employment, to apply for financial aid (including completing the FAFSA), and to maintain reasonable academic performance. A child who fails to make reasonable efforts to fund their own education or who is not performing academically may not receive court-ordered support.

Parents' income is evaluated at the time the college contribution is requested, not at the time of the original divorce. If a parent's financial circumstances have changed significantly since the divorce—whether improved or worsened—the current financial picture controls. This means a parent who was unable to contribute at the time of divorce may be ordered to contribute years later if their income has increased.

States That Do Not Allow Court-Ordered College Support

The majority of states do not allow courts to order divorced parents to pay for college. The reasoning is straightforward: if married parents have no legal obligation to fund their children's college education, divorced parents should not have a greater obligation simply because they divorced. States in this category include California, Texas, Florida, Ohio, Pennsylvania, Michigan, Georgia, Virginia, and many others.

In these states, the child support obligation typically ends when the child turns 18 or graduates from high school (whichever is later). Some states extend the end date to 19 or 21 under certain circumstances—such as if the child is still in high school at 18 or has a disability—but post-secondary education is not included.

However, parents in any state can voluntarily agree to share college costs as part of their divorce settlement. These agreements are enforceable as contracts and can be as detailed or as general as the parties wish.

If your state does not allow court-ordered college support, the divorce settlement is your only opportunity to establish a binding obligation. Work with your attorney to include specific, enforceable terms. For the broader support picture, see our child support guide.

Drafting College Expense Provisions in Your Divorce Agreement

Whether your state allows court-ordered college support or not, including college expense provisions in your divorce agreement is prudent planning. A well-drafted provision should address: which educational institutions are covered (four-year colleges, community colleges, trade schools), the maximum contribution per parent (e.g., an amount equal to in-state tuition at the state's flagship university), how financial aid, scholarships, and the child's own contributions factor in, minimum academic performance requirements (e.g., maintaining a 2.0 or 2.5 GPA), how the contribution is split between parents (proportional to income is most common), and a deadline for the child to begin college (e.g., within one year of high school graduation).

Consider addressing room and board, textbooks, and other education-related expenses in addition to tuition. Some agreements cover only tuition and fees, leaving room and board, books, transportation, and personal expenses to the child.

Others cover the full cost of attendance as defined by the institution. Be specific to avoid disputes when the child actually enrolls.

Also address what happens if the child takes time off, changes majors, or transfers schools. A provision limiting support to four years of undergraduate education (or the equivalent number of credits) prevents open-ended obligations.

Some agreements include a "gap year" provision allowing the child to defer enrollment for one year without losing the right to support. For broader divorce planning, see our Complete Guide to Divorce Costs in 2026.

Financial Aid and FAFSA Considerations

The Free Application for Federal Student Aid (FAFSA) uses the custodial parent's financial information to determine financial aid eligibility. Under federal FAFSA rules, the custodial parent is the parent with whom the child lives more than 50% of the time during the 12 months preceding the FAFSA filing. If custody is exactly 50/50, the custodial parent for FAFSA purposes is the one who provides more financial support.

This rule creates strategic considerations. If the custodial parent (for FAFSA purposes) has a lower income, the child may qualify for more need-based financial aid.

If the custodial parent has a higher income, the child will qualify for less aid. Some divorcing parents consider this when structuring their custody arrangement, though the primary consideration should always be the child's best interest, not financial aid optimization.

If you are the non-custodial parent for FAFSA purposes, your income is not reported on the FAFSA (though some private colleges use a supplemental form called the CSS Profile that does consider both parents' finances). This distinction can significantly affect the total cost of college and should be discussed with a financial advisor who specializes in college planning. For state-specific child support estimates, use our Child Support Estimator.