Child Support for College Expenses: Enforcing Agreements When the Kid Switches to an Ivy League School
For many families, the thought of sending their child to an Ivy League school represents a mix of excitement and financial concern. If you are dealing with a change in your child’s college plans, it's common to have questions about how to enforce or modify your existing child support agreement to account for the new costs.
At Abrahamson Law Office, located in Omaha, Nebraska, we understand that modifying child support agreements can be a stressful and complex process, particularly when addressing higher education expenses. Nebraska's rules surrounding post-majority support for college expenses aren’t as straightforward as you might think. Our attorneys can help you explore your options and determine the best course of action. Contact us today to schedule a consultation.
Can Child Support Help With College Expenses?
Under Nebraska Revised Statute 42-371.01, the statutory obligation to pay child support ends when your child turns 19, which is the age of majority. However, both parents can negotiate and agree to terms that extend beyond the state’s statutory requirements.
If you and your co-parent entered into an agreement to contribute to your child’s college expenses during the divorce or custody process, that agreement will generally be enforceable by the courts. Nebraska law respects and enforces stipulations made voluntarily between the parents, so long as they were made in good faith and are in the best interest of the child.
If your child switches from an in-state or moderately priced college to an Ivy League school, the change in your financial obligations can be significant. Whether you’re the custodial parent relying on contributions or the non-custodial parent facing increased financial expectations, our seasoned attorneys can help you enforce the parameters of your existing agreement or negotiate a modification or support extension to help provide for the increased costs.
How to Enforce an Existing Agreement for College Expenses
If your child support agreement specifies that both parents will contribute to the cost of college, and the child is now attending a much more expensive Ivy League school, you will first need to review the language of that agreement.
These provisions often either set specific financial limits or leave room for interpretation. For example, an agreement might state that each parent will contribute to "reasonable college expenses," but what constitutes "reasonable" can vary. If you are facing a dispute over these terms, the courts will often look at several factors to make a determination, including:
The financial resources of both parents
The specific wording of the original agreement
The child’s educational needs and performance
The nature of the expenses, including tuition, room and board, books, and other costs
Nebraska family courts lean toward reinforcing support agreements as written. However, if one parent attempts to avoid their agreed-upon obligations, our Nebraska family lawyers can help you take the necessary steps to enforce your agreement. This may involve filing a motion to compel payment or, in some cases, seeking a contempt of court order if the failure to pay is willful and ongoing.
How to Modify an Existing Agreement to Accommodate for Ivy League Expenses
If no agreement exists or your current agreement does not address additional expenses for a more prestigious or costly school, you may need to seek a modification. Nebraska courts do not have the authority to create a college support obligation where none exists. However, they can consider modifications if your agreement allows for renegotiation or if either parent's financial or personal circumstances have significantly changed.
To seek a modification of a child support arrangement to cover the costs of an Ivy League school, you will need to provide evidence supporting the following criteria:
A change in circumstances: You must prove that the change from attending a state university to an Ivy League institution would represent a substantial change in circumstances for the child and the parents.
Documented benefits of the Ivy League school: You must be able to demonstrate that the school provides a unique opportunity that aligns with the child’s talents and goals to justify the increased costs.
Financial capacity: If the non-custodial parent claims that the expenses are excessively burdensome, you must provide financial documentation to show their ability to pay or how you and the other parent can share costs fairly.
At Abrahamson Law Office, our Nebraska child support lawyers work diligently to help you prepare and present the strongest possible case for modification. Whether you are seeking financial assistance or opposing an increase in your obligations, we will help you reinforce your position with clear and compelling evidence.
Striking a Balance Between Parental Contributions and Financial Aid
Attending an Ivy League school often comes with access to robust financial aid packages, such as financial aid, scholarships, and grants, that can affect the overall cost of attendance. This can play an essential role in reducing your financial burden. Nebraska courts typically consider these resources as part of the equation when deciding what constitutes “reasonable” parental contributions.
However, if a support agreement exists, financial aid doesn’t necessarily negate an obligation to one or both parents to contribute to their child's education. Instead, it redefines the parameters that you and the other parent may be expected to work within.
Contact Our Experienced Family Law Attorneys in Omaha, Nebraska, Today
If you anticipate or have already encountered child support conflicts about expenses for your child to attend an Ivy League school, open communication with your spouse can often help resolve these matters amicably. However, when negotiations fail, having strong legal representation is key to protecting your child’s education and your financial rights.
At Abrahamson Law Office, our attorneys offer dedicated representation to help you enforce or modify a child support agreement for college expenses. Located in Omaha, Nebraska, we serve clients throughout Douglas County, Sarpy County, and the surrounding areas. Contact us today to schedule a consultation.