Parental Obligations for College Tuition After Divorce in Maryland

Every year, many divorced parents face the question of how to fund their child's college education. If you’re a divorced parent with a college-bound child, you might wonder whether your ex-spouse can be required to help pay tuition. The answer under Maryland law is a bit nuanced. Below, we explain the relevant family law principles and recent developments regarding post-secondary education expenses after divorce in Maryland. We also discuss how parents can handle college costs in a marital settlement agreement, and why outcomes can vary by case and judge.

No Automatic Duty to Pay College Expenses After Divorce

In Maryland, there is no automatic legal obligation for either parent to pay a child’s college tuition after a divorce. Maryland law generally requires parents to support a child only until the child reaches the age of 18 or up to age 19 if the child is still enrolled in high school. Once a child is emancipated at adulthood, court-ordered child support ends, and that includes expenses for college. In other words, a Maryland court cannot force a divorced parent to pay college costs for an adult child absent special circumstances. For example, if an 18-year-old is still finishing high school, child support may continue until graduation but not beyond the child’s 19th birthday. Likewise, if an adult child is severely disabled and unable to support themselves, parents may have a duty to support that destitute adult child – but ordinary college attendance does not trigger any support requirement.

One narrow exception to this rule occurs if the child is still a minor but starts college early. For instance, a gifted 16-year-old who graduates high school two years ahead of schedule is still under 18. In such a case, the court might adjust the parents’ support obligations to account for college-related expenses while the child remains a minor. This scenario is rare, but it highlights that until a child reaches the age of majority, the court can consider educational needs as part of child support. Once the child is legally an adult, however, Maryland law does not mandate any parent to pay for college tuition.

It’s important to note that Maryland’s stance differs from some other states that do allow courts to order divorced parents to contribute to college costs. In Maryland, absent an agreement between the parents, post-secondary education expenses are simply not part of court-ordered child support. Even if one parent feels it is only fair for the ex-spouse to share college expenses, the courts here are bound by state law which, in most cases, ends mandatory support at adulthood.

Voluntary Agreements to Cover College Costs

Just because Maryland courts won’t automatically impose college payments doesn’t mean divorced parents are without options. Parents can agree in writing to share the costs of a child’s college education, and such agreements are valid and enforceable. In fact, Maryland courts can order a parent to contribute to college expenses if the parents have previously reached a formal agreement on that issue and that agreement is incorporated into a court order. Essentially, the court’s authority to require college payments comes from the parents’ own contract. This usually happens in the form of a marital settlement agreement or separation agreement that includes a college expense provision. When the divorce is finalized, the agreement or the specific college expenses clause can be incorporated into the divorce decree, making it enforceable by the court as a binding contract term.

Including a college tuition clause in your divorce settlement is a proactive way to plan for your child’s future. By negotiating this at the time of divorce, both parents clarify their expectations and obligations, which can avoid conflict later when college bills come due. For example, parents may agree that each will pay 50 percent of tuition and fees, or instead divide the cost in proportion to their incomes. Some agreements designate that one parent will cover room and board while the other pays tuition, or that a jointly funded education account like a 529 plan will be used for college expenses. Parents can get very specific or creative in these clauses. They might set a maximum contribution amount, limit the obligation to a certain number of years or semesters, or require that the child maintain a minimum GPA and apply for reasonable financial aid. All of these terms can be tailored to the family’s values and financial situation. The key is that the promise to pay for college is clearly written into a signed agreement. Once that agreement is approved and incorporated by the court, it becomes enforceable – meaning if a parent fails to pay as promised, the other parent can ask the court to intervene to enforce the agreement.

Examples of college expense provisions that parents might put into a settlement agreement include:

Agreeing to split tuition, fees, and textbook costs 50/50 between the parents
Sharing expenses proportionally to each parent’s income
Committing to pay up to a certain dollar amount per year toward the child’s college education
Establishing a college fund or escrow account with contributions from each parent
Detailing specific expenses covered, like tuition and housing, and excluding others
Setting conditions on the support, such as full-time enrollment and academic performance

These are just illustrative possibilities. Any such provision should be negotiated carefully. Once agreed and incorporated into the divorce order, the college expense clause is a binding commitment. Unlike normal child support which can sometimes be modified by the court due to changed circumstances, a contractual college support obligation generally cannot be modified later by the court unless the agreement itself allows for modifications. This means that parents should only agree to terms they can realistically fulfill, and consider including flexibility or contingencies if appropriate. If the children are very young at the time of divorce, some parents are hesitant to lock in a college payment plan not knowing their future financial situation. Others feel secure making a plan in advance. There is no one-size-fits-all answer – the decision to include a college payment provision should be made after careful thought and advice from your attorney.

Court Treatment and Judicial Discretion in College Expense Cases

Every family’s circumstances are different, and Maryland courts will treat each case individually. Even within the same jurisdiction – for example, in the Circuit Court for Baltimore County – outcomes can vary depending on the facts and the judge’s discretion. It’s important to remember that no two family law cases are alike. One family’s divorce agreement might require both parents to fund a child’s University of Maryland tuition, while another family might leave college costs entirely up to the goodwill of each parent. If no written agreement exists, one judge’s sympathetic comments about the importance of education cannot overcome the legal rule that support ends at 18. On the other hand, if an agreement does exist, a judge will enforce it, but the exact enforcement might depend on how the provision is worded and the current situation of the parties. For instance, if a settlement agreement says the parents will “later agree on how to split college costs,” a court might find that too vague to enforce. By contrast, a clear agreement leaves little room for interpretation and is more likely to be enforced as written.

Judicial discretion comes into play primarily in interpreting and enforcing the agreement, rather than creating an obligation from scratch. Courts have the discretion to decide things like whether an expense falls under the agreement’s terms, or how to handle a dispute if one parent claims they can no longer afford the agreed share. Judges in Baltimore County and across Maryland will consider the parents’ financial circumstances, the child’s needs and educational plans, and the equities of the situation. However, the court cannot rewrite the parents’ contract for them; it can only enforce or decline to enforce what the parents agreed to. This is why having a well-drafted agreement is crucial. It is also why outcomes vary – a well-crafted college support clause in one case might lead to a smooth enforcement, while a poorly crafted clause in another case could lead to further litigation or an unenforceable promise.

Because these matters can become complex, it’s wise to consult with an experienced family law attorney when dealing with college expenses in a divorce. An attorney can help you understand your rights and options under Maryland law and craft an agreement that protects your child’s interests while safeguarding you from overextending yourself. A parent’s intentions or fairness arguments cannot override clear legal limits on support – but a mutually agreed contract, once approved by the court, does carry legal weight.

Towson Family Lawyer for College Tuition Agreements and Disputes

If you have questions about college tuition obligations or need help enforcing a college expense agreement, professional legal guidance is invaluable. Towson family law attorney Amar S. Weisman provides representation in matters involving divorce, child custody, and child support – including the negotiation and enforcement of agreements related to college expenses. Our firm has helped many parents navigate these issues, from drafting iron-clad settlement provisions to advocating in court when disputes arise. We understand that your child’s education is a top priority, and we work to ensure that any agreement reflects your wishes and is enforceable down the line.

Whether you are contemplating a divorce and want to address future college costs, or you have an existing agreement that your ex-spouse isn’t honoring, we are here to help. Every case is unique, and we will take the time to understand the facts of your situation and explain how the law applies. With careful planning and knowledgeable counsel, you can resolve questions about college funding in a way that provides clarity and peace of mind for you and your family. Contact the Law Offices of Amar S. Weisman for a consultation to discuss your rights and options regarding post-secondary education expenses and any other family law concerns.