Child Support and if There is a Legal Obligation to Pay for College Expenses

The Law office of David P Schwarz provides a full service legal office in Orange County helping clients succeed in going through a Divorce. One area of the divorce that parents often find themselves having a problem in is whether a parent has to pay for the child’s College education. Please consult the Law office of David P Schwarz at 949 735 9266 for a consultation and contact via the web.

Child support is a hotly contested issue during the Orange County Divorce setting. Parents often contest the timeshare between each parent and want to know how much money each parent earns. When a child reaches the age of majority usually 18 under the family code Child support stops.

The law states that the child support obligation continues for an unmarried child who is 18 years old and who attends high school full time as a student and cannot support themselves. However when a child graduates high school or turns 19 child support terminates.

An unanswered question in Orange County Courts is whether a child continuing on to higher education can have a parent legally obligated to pay for their tuition. An Orange County Child support lawyer can assist you in this legal issue.

In Childers v. Childers, A Washington State Case the Court ordered that the lower court order father to pay support for the adult children while they were attending college, and the Supreme Court of Washington upheld the order, explaining that under the state's dissolution act the court had discretion to order child support for a “dependent” adult child.

However, the Washington case does not apply to the Orange County Court System. An Orange County child Support Lawyer will be able to argue that in Orange County California the child support obligation normally ends when the child reaches 18 years of age and that Parents have no legal obligation to pay for the college education of an adult child.

At the Law Office of David P Schwarz we are Orange County Child support attorneys can assist a parent enter into a binding child support agreement where the child who is over 18 years of age who will have his or her college tuition and expenses paid for by both parents. This will be enforced by an Orange county Court under family code section 3587.

Therefore is apparent that an Orange County child support attorney cannot statutorily enforce in an Orange County Court a parent to pay for College tuition although it would be beneficial for that child after the age of 18. It would seem that the parents should in the best interest of the child enter into a joint stipulation to provide for the child’s college education once they turn 18 years of age.

At the Law Office of David P Schwarz we handle all Orange County Child support cases dealing with child support issues when the child reaches majority. Please contact our office to further discuss these issues at 949 735 9266 or contact us on the web or email at

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