# When does Child support end? **URL:** \ **Category:** Great Debates\ **Created:** [July 10, 2008, 5:51pm UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009 "2008-07-10T17:51:32Z")\ **Posts on this page:** 13\ **Page:** 2
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [July 12, 2008, 8:47pm UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/21 "2008-07-12T20:47:08Z")
[QUOTE=gravitycrash] I reread my divorce decree just recently and it clearly states that I’m obligated to pay half of my daughters college tuition as long as she maintains a 3.0 grade point average. Which is not a problem since I was prepared to pay anyway. I’m sure other states have varying rules regarding 18 and above. [/QUOTE] I don’t understand this. If two people remain married, then nobody is required to pay for their children’s college tuition. It would be nice if you did, but no law would require it. But, since you divorce, or never marry you child’s other parent, now under penalty of law, the kid gets a free paid college education by the parents?? ---
**Author:** ![Mumio](https://avatars.discourse-cdn.com/v4/letter/m/ba9def/32.png) [@Mumio](https://boards.straightdope.com/u/Mumio)\ **Post date:** [July 13, 2008, 1:07am UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/22 "2008-07-13T01:07:58Z")
[QUOTE=jtgain] I don’t understand this. If two people remain married, then nobody is required to pay for their children’s college tuition. It would be nice if you did, but no law would require it. **But, since you divorce, or never marry you child’s other parent, now under penalty of law, the kid gets a free paid college education by the parents??** [/QUOTE] :mad: HUGE sore spot with this. Total bs. ---
**Author:** ![B\_A\_Bay](https://avatars.discourse-cdn.com/v4/letter/b/dec6dc/32.png) [@B\_A\_Bay](https://boards.straightdope.com/u/B_A_Bay)\ **Post date:** [July 13, 2008, 1:48am UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/23 "2008-07-13T01:48:13Z")
The courts reasoning about allowing child support after 18 when the kid is an adult is something like this Marriage is the foundation of society. This is why society gives benefits to married people for example taxes and this is why kids are a tax deduction. Since children are the future of a nation and it’s a basic human right to reproduce, courts have held marriage is the cement that will allow these children to prosper. The courts say when the foundation of society, marriage, is disrupted, it is the children that will be harmed, because said unit is not functioning. Because of this “harm” (and I only use that term in a loose sense) of divorce, courts have ruled requiring divorced parents to pay for a child’s college education is OK because a college educated child of divorce will help make this child of divorce a better citizen. Again these rulings go way back before divorce was that common among average people. Remember divorce was at one time for movie stars and rich people. So that’s how the courts reasoned -\> Disrupted family unit can produce bad kids and college will help overcome this stigma and disruption That is the “general” idea behind it you can Google for specific rulings ---
**Author:** ![pseudotriton\_ruber\_ruber](https://avatars.discourse-cdn.com/v4/letter/p/a9a28c/32.png) [@pseudotriton\_ruber\_ruber](https://boards.straightdope.com/u/pseudotriton_ruber_ruber)\ **Post date:** [July 13, 2008, 10:57am UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/24 "2008-07-13T10:57:38Z")
[QUOTE=gravitycrash] I reread my divorce decree just recently and it clearly states that I’m obligated to pay half of my daughters college tuition as long as she maintains a 3.0 grade point average. Which is not a problem since I was prepared to pay anyway. I’m sure other states have varying rules regarding 18 and above. [/QUOTE] As a divorced guy with two daughters in expensive private colleges, I can tell you that New York State indeed requires tuition of me–despite the fact that I am employed by a private university offering me free tuition for my children, my daughters were free to apply exclusively to other colleges, all charging upwards of 40 grand per year, and to decline to apply to mine, which as I say was free for them. (We do charge around $32,000 to non-faculty.) ---
**Author:** ![amarone](https://avatars.discourse-cdn.com/v4/letter/a/e0b2c6/32.png) [@amarone](https://boards.straightdope.com/u/amarone)\ **Post date:** [July 13, 2008, 12:38pm UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/25 "2008-07-13T12:38:46Z")
[QUOTE=gravitycrash] I reread my divorce decree just recently and it clearly states that I’m obligated to pay half of my daughters college tuition as long as she maintains a 3.0 grade point average. Which is not a problem since I was prepared to pay anyway. I’m sure other states have varying rules regarding 18 and above. [/QUOTE] Here in Georgia my lawyer told me that there was no requirement for me to pay anything towards college as part of the divorce settlement. However, during the settlement we did set aside funds for college costs before then dividing the remainder of our assets (and my ex-wife constantly bitches about this because she thinks she should have got half of everything and then I pay for all college costs…) ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [July 13, 2008, 1:13pm UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/26 "2008-07-13T13:13:35Z")
[QUOTE=amarone] Here in Georgia my lawyer told me that there was no requirement for me to pay anything towards college as part of the divorce settlement. However, during the settlement we did set aside funds for college costs before then dividing the remainder of our assets (and my ex-wife constantly bitches about this because she thinks she should have got half of everything and then I pay for all college costs…) [/QUOTE] > [@](#): > > Ga. Code Ann. § 19-6-15(e) provides that the trial court, in its sound discretion, may allow financial assistance to a child (not married or emancipated) who is enrolled in college, provided that assistance shall not be required after the child reaches 20 years of age. \*Id. \* ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [July 13, 2008, 1:40pm UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/27 "2008-07-13T13:40:45Z")
[QUOTE=B\_A\_Bay] The courts say when the foundation of society, marriage, is disrupted, it is the children that will be harmed, because said unit is not functioning. Because of this “harm” (and I only use that term in a loose sense) of divorce, courts have ruled requiring divorced parents to pay for a child’s college education is OK because a college educated child of divorce will help make this child of divorce a better citizen. [/QUOTE] Actually most state courts either apply a statute that allows some sort of college support, or say there isn’t such a statute and refuse to award college support. Here is a quote from a New Jersey opinion, which explains it’s logic in permitting such awards. The court doesn’t say anything like you claim. > [@](#): > > Generally parents are not under a duty to support children after the age of majority. Nonetheless, in appropriate circumstances, the privilege of parenthood carries with it the duty to assure a necessary education for children. Frequently, the issue of that duty arises in the context of a divorce or separation proceeding where a child, after attaining majority, seeks contribution from a non-custodial parent for the cost of a college education. In those cases, courts have treated “necessary education” as a flexible concept that can vary in different circumstances. Khalaf v. Khalaf, 58 N.J. 63, 71-72 (1971) (directing father to pay 3,200 per year towards son's college expenses); Limpert v. Limpert, supra, 119 N.J. Super. at 442-443 (father directed to continue weekly support payments for 20-year-old son as long as son was full-time student in regular courses towards undergraduate degree); Nebel v. Nebel, 99 N.J. Super. 256, 261-263 (Ch.Div.), aff'd o.b., 103 N.J. Super. 216 (App.Div.1968) (on motion of wife, husband ordered to pay 1,500 per year towards son’s college costs); Jonitz v. Jonitz, 25 N.J. Super. 544, 556 (App.Div.1953) (although finding that the facts did not warrant an award solely for college expenses, court ordered continued support of son while son enrolled as student); Cohen v. Cohen, 6 N.J. Super. 26, 30 (App.Div.1949) (in dicta, court noted broad power to award support including costs of an advanced education in appropriate cases); Sakovits v. Sakovits, 178 [\*\*\*20] N.J. Super. 623, 630 (Ch.Div.1981) (court declined to order father to pay school expenses of 22-year-old son because son waited four years to begin college, had accepted $ 3,200 from father to start a business, and father had relied on son’s expressed intent not to go to college in structuring his finances); Ross v. Ross, 167 N.J. Super. 441, 444-446 (Ch.Div.1979) (father directed to continue weekly support payments for 23-year-old daughter until she completed law school); Schumm v. Schumm, 122 N.J. Super. 146, 148-150 (Ch.Div.1973) (father’s motion to vacate support order when son reached 18 denied because son in college); Hoover v. Voightman, 103 N.J. Super. 535, 539-540 (Cty.Ct.1968) (father ordered to continue support payments to all children, including 18-year-old college freshman). > > In the past, a college education was reserved for the elite, but \*\*the vital impulse of egalitarianism has inspired the creation of a wide variety of educational institutions that provide post-secondary education for practically everyone. State, county and community colleges, as well as some private colleges and vocational schools provide educational opportunities at reasonable costs. Some parents cannot pay, some can pay in part, and still others can pay the entire cost of higher education for their children. In general, financially capable parents should contribute to the higher education of children who are qualified students. \*\* HN9Go to this Headnote in the case.In appropriate circumstances, parental responsibility includes the duty to assure children of a college and even of a postgraduate education such as law school. \*Newburgh v. Arrigo \* , 88 N.J. 529, 443 A.2d 1031, 1982 N.J. LEXIS 1885, 42 A.L.R.4th 795 (1982) Earlier courts treated college education as a necessary. \*See, e.g., \* Esteb v. Esteb, 138 Wash. 174; 244 P. 264; 1926 Wash. LEXIS 997; 47 A.L.R. 110 (1926) and _see_, _Gnirk v. Gnirk_, 134 N.H. 199; 589 A.2d 1008; 1991 N.H. LEXIS 42 (1991) (citing necessity cases in support of conclusion that New Hampshire courts have discretion to award college support). ---
**Author:** ![MsRobyn](https://avatars.discourse-cdn.com/v4/letter/m/90ced4/32.png) [@MsRobyn](https://boards.straightdope.com/u/MsRobyn)\ **Post date:** [July 13, 2008, 1:57pm UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/28 "2008-07-13T13:57:15Z")
[QUOTE=t-bonham@scc.net] Absolutely. When I worked with Child Support Enforcement, we had a system that matched the state death reports to our list of delinquent payers. When we found a match, an employee filed a claim against the persons’ estate. So even death did not let you escape your obligation to support the child you created. We had cases where the ‘child’ was retired & receiving Social Security checks when we finally collected the past-due child support. [/QUOTE] Some jurisdictions may also require that each ex-spouse maintain a life insurance policy on the other so that the loss of support won’t be an issue if one or both parents dies. The death benefit takes into account the annual earnings multiplied by the number of years until the youngest child turns 18. For example, someone with an eight-year-old and a six-year-old who earns $50,000 per year would end up with a 15-year term policy of $600,000. The specifics are negotiated as part of the final settlement and written into the decree. Robin ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [July 14, 2008, 11:37am UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/29 "2008-07-14T11:37:40Z")
[QUOTE=MsRobyn] Some jurisdictions may also require that each ex-spouse maintain a life insurance policy on the other so that the loss of support won’t be an issue if one or both parents dies. The death benefit takes into account the annual earnings multiplied by the number of years until the youngest child turns 18. For example, someone with an eight-year-old and a six-year-old who earns $50,000 per year would end up with a 15-year term policy of $600,000. The specifics are negotiated as part of the final settlement and written into the decree. [/QUOTE] Goose and the gander thing. If this is such a good idea, then why not require it of intact families? The same reasoning that Gfactor cited could also be applied to intact families. Why can’t a court order my wife and I to pay for our daughter’s college education when she turns 18 under this reasoning? Many divorce decrees prohibit smoking in a home or a vehicle where a child is present. That’s also a laudable goal, but one that would be wholly overstepping judicial authority in an intact home. It seems to me that this is the incremental government intrusion with raising children. We will leave most people alone to not provoke outrage until such time as the need arises to close the “loophole”. ---
**Author:** ![ralph124c](https://avatars.discourse-cdn.com/v4/letter/r/8797f3/32.png) [@ralph124c](https://boards.straightdope.com/u/ralph124c)\ **Post date:** [July 14, 2008, 12:33pm UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/30 "2008-07-14T12:33:50Z")
What happens if the child is getting "Cs"and "D"s, in college, and making no effort to learn? Is it fair to keep the non-custodial parent paying, so that the “child” can continue the ride on the gravy train? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [July 14, 2008, 12:41pm UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/31 "2008-07-14T12:41:21Z")
The factual questions here seem resolved, and a debate is breaking out. I’ll move it from General Questions to Great Debates. **Gfactor** General Questions Moderator ---
**Author:** ![Uncommon\_Sense](https://avatars.discourse-cdn.com/v4/letter/u/f9ae1b/32.png) [@Uncommon\_Sense](https://boards.straightdope.com/u/Uncommon_Sense)\ **Post date:** [July 14, 2008, 12:48pm UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/32 "2008-07-14T12:48:19Z")
[QUOTE=ralph124c] What happens if the child is getting "Cs"and "D"s, in college, and making no effort to learn? Is it fair to keep the non-custodial parent paying, so that the “child” can continue the ride on the gravy train? [/QUOTE] If you check one of the above posts the requirement was that the child (adult at this point, actually) maintain a 3.0. ---
**Author:** ![Mumio](https://avatars.discourse-cdn.com/v4/letter/m/ba9def/32.png) [@Mumio](https://boards.straightdope.com/u/Mumio)\ **Post date:** [July 14, 2008, 1:05pm UTC](https://boards.straightdope.com/t/when-does-child-support-end/456009/33 "2008-07-14T13:05:00Z")
[QUOTE=jtgain] Goose and the gander thing. If this is such a good idea, then why not require it of intact families? The same reasoning that Gfactor cited could also be applied to intact families. Why can’t a court order my wife and I to pay for our daughter’s college education when she turns 18 under this reasoning? Many divorce decrees prohibit smoking in a home or a vehicle where a child is present. That’s also a laudable goal, but one that would be wholly overstepping judicial authority in an intact home. It seems to me that this is the incremental government intrusion with raising children. We will leave most people alone to not provoke outrage until such time as the need arises to close the “loophole”. [/QUOTE] This is what galls me. Why are people forced into doing this just because a divorce took place? College is still available, it’s not like it becomes out of reach. That’s what loans are for and many people I know had to pay back these loans. It’s totally ridiculous crap. [Previous page](https://boards.straightdope.com/t/when-does-child-support-end/456009.md?page=1)