Must I pay for half of my child’s college tuition?

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Must I pay for half of my child’s college tuition?

My ex-wife and I have been divorced for 12 years. We have 50/50 custody of our 2 children (who are now 17 and 14)), no support exchanged. Now that college for my oldest is in the near future my ex wants me to pay for half. This wasn’t in our divorce agreement; I strongly feel kids should contribute to their own college as it makes them a better person and more responsible for their grades. Can she take me to court and make me pay for half?

Asked on October 18, 2012 under Family Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your ex-wife tried to take you to court to force you to pay college tuition, then she would not prevail.  The Supreme Court and lower courts in Pennsylvania have actually held that parents to not have an obligation to pay for their children's college expenses.  If it was part of the original marital settlement that resulted in a final decree-- then she could move to enforce that order.  However, since you were never court order and have never agreed to pay college expenses, you will not be compelled to do so.


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