Family Law

South Carolina Supreme Court Overturns College Support Law

By J. Benjamin Stevens

This week, the South Carolina Supreme Court overturned a 1979 decision, under which parents could be ordered to contribute to their children's college expenses.  In this new case, Webb v. Sowell, the Father appealed after he was ordered to contribute to college expenses for his son. The Court reversed the trial court's decision, finding that it violated the Equal Protection Clause of the federal and state constitutions.

S.C. Code Ann. Section 63-3-530(A)(17) provides that child support orders terminate when the child reaches age 18, marries, or becomes self-supporting, but a court may order the continuation of support beyond age 18 for certain "exceptional circumstances."   In Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979), the Supreme Court held that a desire to attend college may constitute such exceptional circumstances.

However, in Webb v. Sowell, the Court found that Risinger was wrongly decided.  Specifically, it held that while Risinger allowed a court to order a parent subject to a support order to pay college expenses, it did not grant such power over a parent not subject to a support order, and there is no common law duty on parents to pay for an adult child's post-secondary education.

Therefore, the statute, as interpreted by Risinger, fails the rational basis test and thus does not meet the constitutional requirements of Equal Protection.  You can read the full text of Webb v. Sowell by clicking here.  If you are currently paying college support, you are welcome to click here to contact our office to find out how this decision impacts your obligation.

Full post as published by SC Family Law Blog on April 22, 2010 (boomark / email).