Does Child Support Continue Through College in Tennessee?

Understandably, with a pending Tennessee divorce or legal separation involving minor children, parents want to know if child support will continue through college. My answer is “Yes” and “No.”

Every calculation of child support begins with application of the Tennessee Child Support Guidelines to the income facts of the case. The guidelines are used to set an amount in the court’s original child support award; and to calculate an appropriate amount if a modification is requested by either parent at a later time because something has materially changed. In either of those circumstances – original award or modification – child support contributions earmarked for college may be a consideration for the court.

Does child support continue through college in Tennessee?

Capping Tennessee Child Support

In general, only those more affluent parents who net more than $10,000 per month can be ordered by the court to pay into a child’s college trust fund. Importantly, the court may order the obligor-parent to pay into a college trust, but may not order the same parent to pay for tuition and other college expenses after the child emancipates. (If your child is gifted or is otherwise likely to be in college as a minor, consider meeting with an experienced Tennessee family lawyer about child support to fund a college trust along with other alternatives.)

By looking to the guidelines, we know there is a cap on the amount of child support the court can ordinarily award. But a strict computation of the guidelines only applies to the first $10,000 of after-tax parental income. Beyond that first $10,000 of net income, the court has greater discretion and may increase a child support award for the purpose of funding a college trust account.

Court-Ordered Contributions to a College Trust

What if the primary residential parent seeks more for the child than a strict computation under the guidelines allows? Assuming the obligor-parent does not volunteer more money for college, the PRP must do more when seeking an award that includes additional funds for the child’s post-secondary education. He or she must also demonstrate to the court a reasonable need for more money based on the affluence of the primary residential parent or parents together. For purposes of this discussion, reasonably necessary costs can include educational travel and/or college trust fund. Extraordinary educational needs, such as those for a special needs child, are treated separately and may be ordered by the court as an upward deviation pursuant to other Child Support Guidelines provisions.

To learn how strict computation, caps, and percentages under the guidelines could affect the award of child support in your case, read:

Caps on TN Child Support for Parent with Greater Than $10K/Mo Net Income

Supplementing Child Support By Agreement

A parent cannot be ordered to pay college costs and expenses, but the parents can agree to it! During divorce negotiations, parents may enter into an agreement that creates a contractual relationship between them. With their child being the third-party beneficiary of that voluntary agreement. The benefit enjoyed by the child is financial assistance with college, from room-and-board to books and clothing.

The parents’ written agreement to contribute to their child’s continuing education becomes a stipulated court order. That order binds both parents to their agreement until the contract terms are satisfied or a specified event occurs (for example, when the son or daughter graduates from the University of Memphis).

Because this is a voluntary agreement between the parties, they can freely negotiate the payment of all kinds of costs and expenses relating to their emancipated child’s secondary education, post-graduate degree program, trade or vocational school, and so on. Therefore, the agreement does not limit the parents to simply funding their child’s college trust, which is a restriction on the court when awarding child support under the guidelines.

Memphis TN Child Support Attorney

For more information, see Tennessee Child Support Answers to FAQ’s, and for legal updates, news, analysis, and commentary, visit our Tennessee Family Law Blog and its Child Support category. A Memphis child support attorney from the Miles Mason Family Law Group can help you with Tennessee child support issues including setting or modifying child support. To schedule your confidential consultation, call us today at (901) 683-1850.