As the cost of higher education continues to rise, more divorced and separated parents are encountering conflict over how to divide the responsibility for their child’s college expenses. These disputes can arise from vague divorce agreements, changes in financial aid, or disagreements over how savings should be used. At Sarah Henry Law, we represent clients in Greenville and across South Carolina in resolving college expense disputes with a focus on fairness, clarity, and compliance with South Carolina law.
Understanding College Expenses in Post-Divorce Parenting
South Carolina does not automatically require parents to pay for college after a child reaches adulthood. However, if a divorce settlement or court order includes terms related to college expenses, those terms may be enforceable through family court. These provisions often cover:
- Tuition costs
- Books and educational supplies
- Housing and meal plans
- Health insurance through the university
- Transportation and travel costs
- Additional educational expenses tied to the institution
Problems often arise when the terms are not clearly defined or when circumstances change significantly from the time the agreement was created.
Common College Expense Disputes Between Parents
Our law firm regularly assists parents facing disagreements related to:
- Unequal payment of tuition or associated costs
- Disputes over the use of college savings plans such as 529 accounts
- A parent’s refusal to contribute, despite prior agreements
- Unexpected expenses not anticipated in the original divorce agreement
- Differences in interpreting how financial aid and scholarships reduce each parent’s responsibility
College-related disputes often emerge in post-divorce situations where former spouses struggle to communicate, or where financial pressures make payment unrealistic without legal clarity.
Divorce Agreements and Educational Expenses
Most college-related obligations stem from divorce agreements that include clauses about paying for a child’s education. These agreements can be vague or outdated by the time a child is ready for college, leading to disagreement about what each parent must pay.
We assist with:
- Reviewing the divorce settlement and relevant language
- Identifying enforceable terms regarding educational expenses
- Filing enforcement motions in family court if one parent fails to pay
- Seeking modifications when there is a change in income or financial need
Courts in South Carolina generally honor what was previously agreed upon, provided the terms are fair and supported by current documentation.
The Role of Financial Aid and Federal Student Loans
Federal student aid and scholarships are an important part of managing college expenses, but they can complicate the financial picture when parents disagree on how contributions should be calculated. Key points of conflict include:
- How federal student aid reduces the need for parental contributions
- Whether scholarships offset one parent’s obligation more than the other
- Whether federal student loans should be considered a child’s responsibility alone
- Coordination with the United States Department of Education in FAFSA filings
Our attorneys help parents understand how aid packages intersect with court agreements, ensuring no party pays more than their fair share.
Using and Managing College Savings Plans
College savings plans, including 529 plans, can help families prepare for higher education, but they also become points of contention after divorce. Disputes may involve:
- Who controls the account and how funds are accessed
- How the savings are applied across multiple children
- Whether contributions should continue after the divorce
- Whether one party has withdrawn or misused funds
Our attorneys help parents assert their rights over educational savings and seek fair usage of these accounts for the benefit of their child’s academic future.
When to Involve the Court
Not all college expense disputes can be settled informally. When necessary, our attorneys take legal action through South Carolina family courts, where judges review:
- Divorce settlement documents and post-divorce agreements
- Updated financial information from both parents
- Documentation of tuition costs, room and board, and related expenses
- Financial aid awards and their impact on the remaining balance
- The child’s academic standing and enrollment status
Whether we are seeking to enforce existing obligations or modify outdated agreements, we are prepared to present a well-documented case that supports your legal and financial interests.
Why Legal Guidance Matters
College disputes often involve complex financial records, deeply personal disagreements, and a child’s academic future. At Sarah Henry Law, we provide comprehensive support for parents involved in:
- College expense enforcement actions
- Modifications of prior divorce agreements
- Legal interpretation of vague education clauses
- Disputes over the handling of college savings
- Clarification of tax implications related to educational support
With years of experience in family law cases across South Carolina, we understand how to protect your rights while working toward practical, child-focused solutions.
Learn more about Greenville College Expense Disputes. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.
Greenville College Expense Disputes FAQs
Do South Carolina courts require divorced parents to pay for college?
No, not unless there is a court order or divorce agreement specifying that obligation. Without it, courts do not impose college-related financial responsibilities.
What if the other parent agreed to help but now refuses?
If the agreement is in writing and included in a divorce settlement, it can be enforced through family court. Our attorneys can file the necessary motion.
Can scholarships and financial aid reduce a parent’s obligation?
Yes. If a scholarship or grant reduces the cost of attendance, both parents’ contributions may be adjusted based on the remaining balance, depending on the agreement.
How do courts view 529 plans in divorce?
If created during the marriage, they are usually considered marital property. Control and use of the funds may be defined in the divorce or determined through negotiation or litigation.
Can support terms be updated if my income changes?
Yes. If you experience a substantial change in circumstances, you can request a modification to your existing obligations through the proper legal process.
