Child Support And College Expenses In South Carolina
Table of Contents
Frequently Asked Questions
Can a parent be forced to pay for college in South Carolina?
Yes. Under SC Code § 63-3-530(A)(17), the family court can order a parent to contribute to a child’s college expenses, including tuition, fees, room and board, books, and other reasonable costs. This is discretionary, and the court considers multiple factors before issuing such an order.
Does the child have to attend a specific type of college?
The court generally limits the contribution to the cost of attending a South Carolina state-supported college or university, unless the parents agree otherwise or special circumstances justify a higher cost. The child’s choice of school is considered but is not the sole factor.
What if my child doesn’t maintain good grades?
The court considers the child’s academic performance and ability to benefit from college. If a child is failing or not making reasonable academic progress, the court may reduce or terminate the college expense obligation. Many court orders include minimum GPA requirements as a condition.
Here’s something that surprises many parents: South Carolina is one of the few states where a court can order you to help pay for your child’s college education — even after the child turns 18.
Under SC Code § 63-3-530(A)(17), the family court has the authority to order either or both parents to contribute to a child’s post-secondary educational expenses. This can include tuition, fees, room and board, books, and other reasonable costs.
Whether you’re the parent who may be asked to pay or the parent seeking a contribution, understanding how this law works is essential for planning your family’s future.
Many parents are surprised to learn that college expenses after divorce can remain a legal issue long after regular child support obligations have ended.
How SC Law Handles College Expenses
The Legal Framework
South Carolina’s authority to order college expenses comes from SC Code § 63-3-530(A)(17), which gives the family court jurisdiction to make orders for the “education and support” of children. The South Carolina Supreme Court has interpreted this statute to include college education — a position that sets SC apart from most other states.
This power is discretionary, meaning the court is not required to order college expenses in every case. The judge weighs multiple factors before deciding whether and how much each parent should contribute.
What Expenses Are Covered?
A college expense order can cover:
- Tuition and fees
- Room and board (or a housing allowance for off-campus living)
- Books and supplies
- Transportation to and from school
- Other reasonable educational expenses
The court typically uses the cost of attending a South Carolina state-supported institution as the benchmark. If the child attends a more expensive private university or out-of-state school, the court may limit the parent’s obligation to what a comparable SC public university would cost — unless the parents agree otherwise.
Factors the Court Considers
The court evaluates several factors when deciding whether to order college expenses and how to allocate costs between parents. Key factors from case law include:
1. The Child’s Academic Abilities and Characteristics
- High school grades and standardized test scores
- Academic motivation and likelihood of benefiting from college
- The child’s aptitude and interests
2. The Child’s Reasonable Expectations
- Did the family plan for college before the divorce?
- Would the child have attended college if the family remained intact?
- What educational expectations existed during the marriage?
3. The Parents’ Financial Resources
- Each parent’s income and assets
- Other financial obligations (mortgage, other children, etc.)
- The standard of living during the marriage
4. The Child’s Financial Resources
- Scholarships, grants, and financial aid received
- The child’s own savings, earnings, or trust funds
- The child’s ability to work part-time during school
5. The Cost of the Education
- In-state vs. out-of-state tuition
- Public vs. private institution
- Length of the program
6. The Relationship Between Parent and Child
- Courts have considered whether a parent who has been estranged from the child should be required to fund education
- A child’s willful refusal to maintain a relationship with a parent may factor into the court’s decision
How College Expenses Are Divided
When the court orders college expense contributions, the costs are typically divided between:
- Parent A’s share — based on their proportional income
- Parent B’s share — based on their proportional income
- The child’s share — through scholarships, financial aid, part-time work, and/or student loans
The division method is similar to how child support is calculated — the court looks at each parent’s income share to determine a fair allocation.
Planning Ahead: If your child is approaching college age, don’t wait until they’re filling out applications to address this issue. Consider modifying child support or seeking a college expense order early to ensure proper planning.
Important Limitations and Conditions
Academic Performance Requirements
Most college expense orders include conditions the child must meet:
- Maintaining a minimum GPA (often 2.0 or higher)
- Carrying a full-time course load (typically 12+ credit hours)
- Making reasonable progress toward a degree
- Providing grades and transcripts to both parents each semester
If the child fails to meet these conditions, the contributing parent can petition the court to reduce or terminate the obligation.
Duration Limits
College expense obligations typically last for:
- Four years of undergraduate study (or the equivalent for a program that requires more)
- The child may need to complete their degree within a reasonable time frame
The Child Must Apply for Financial Aid
Courts generally expect the child to apply for scholarships, grants, and federal financial aid (FAFSA) to offset costs. A child who refuses to seek financial aid may find the court less sympathetic to requests for parental contributions.
Addressing College Expenses in Your Divorce Agreement
If you’re going through a divorce and have younger children, it’s wise to address college expenses in your settlement agreement or marital settlement. You can:
- Agree on a formula for sharing future college costs
- Set conditions (GPA requirements, type of school, etc.)
- Create a college savings plan (such as a 529 plan) as part of the property settlement
- Cap contributions at a specific amount or percentage
Having a clear agreement in place avoids the uncertainty and expense of litigating college costs years later.
Planning For College Expenses During And After Divorce
College expense issues can involve tens of thousands of dollars. Whether you want to ensure your child gets the support they need for higher education, or you’re concerned about being ordered to pay more than you can afford, early planning and experienced legal counsel make all the difference.
At Warner Law, attorney Carrie Warner helps Columbia, SC families address college expense issues — both during divorce and when children are approaching college age. We can help you negotiate a fair agreement, seek a court order, or defend against an unreasonable request.
Schedule a consultation with Warner Law to discuss college expenses and child support with an experienced South Carolina family law attorney.
This article is for informational purposes only and does not constitute legal advice. Every family law case is unique. Contact Warner Law to discuss your specific situation.
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My late father, Jan Warner, was an accomplished and widely known family law attorney and nationally syndicated author in South Carolina, so this area of law runs in my blood. It is all I have ever known, and I cannot imagine doing anything else.