Family Law

Payment of children's college expenses not always required

By Robert M. Kisselburgh, Esq.

Divorced parents not always required to pay for children's college expenses in Mississippi

In a case last week out of Washington County, Mississippi, the Mississippi Supreme Court reversed a decision requiring a father to pay 75% of his son's future college expenses. As the Court reiterated, "when a [parent's] financial ability is ample to provide a college education and the child shows an aptitude for such, the court may in its discretion, after hearing, require the [parent] to provide such education." However, "the parental duty to send a child to college is not absolute; rather it is dependent upon proof and circumstances of each case."

The parties failed to put on any testimony as to the relationship between the father and son [yes, a good relationship between the parent and child is a factor], the son's aptitude for college, when he anticipated attending college, where he was going to college, and what specific college expenses were included in the order. Given the lack of evidence, the Court reversed the Chancellor's order.

While divorced parents can be required to pay a portion of their child's college expenses until the child is emancipated, it is not automatic. The Court must make specific findings unless the parties agree to the payments themselves and the Court approves the agreement.

Full post as published by Mississippi Family Law Blog on December 01, 2008 (boomark / email).