When parents divorce or separate, one of the biggest concerns is making sure their children are financially supported. But what happens when those children turn 18 and head off to college? Can one parent be required to contribute to college expenses? At James L. Jordan Law, we help families in North Carolina understand what the law does and does not say about post-majority educational support.
Here’s what you need to know.
Contents
What Is Post-Majority Educational Support?
Post-majority educational support refers to financial support for a child after they turn 18 and are no longer considered a legal minor. This typically means helping pay for college tuition, room and board, books, or other educational expenses.
Does North Carolina Require Parents to Pay for College?
No.
Under North Carolina law, there is no legal requirement for a parent to pay for a child’s college education once the child reaches the age of majority (18 years old or upon high school graduation, whichever occurs later).
(N.C. Gen. Stat. § 50-13.4(c))
The law limits court-ordered child support to:
- Children under the age of 18, or
- Children who are still in high school at age 18, in which case support may continue until graduation or age 20 whichever comes first.
Can Parents Voluntarily Agree to College Support?
Yes.
While the court cannot order parents to pay for post-secondary education without their consent, parents can voluntarily enter into an agreement to share or cover college expenses.
These agreements are usually:
- Part of a separation agreement
- Incorporated into a consent order or parenting agreement
- Negotiated during divorce settlement discussions
Once signed and properly executed, these agreements become legally binding and enforceable in court.
(N.C. Gen. Stat. § 52-10 and § 50-13.4(c))
If you’re considering agreeing to pay for college expenses, it’s critical to clearly define:
- What expenses are covered (e.g., tuition, books, housing, travel)
- The maximum amount or percentage each parent will pay
- Time limits (e.g., support ends after four years of college)
- Requirements for continued eligibility (e.g., maintaining a certain GPA)
What Happens If One Parent Won’t Pay?
If a parent has agreed in writing to help with college costs and then fails to do so, the agreement can be enforced through the courts just like any other contract or domestic order.
Enforcement options may include:
- Contempt of court
- Wage garnishment
- Court-ordered repayment
However, if there is no agreement in place, the court has no authority to force a parent to contribute to college or other post-majority educational expenses.
(N.C. Gen. Stat. § 50-13.4(c))
What If My Child Has Special Needs?
In some cases, child support may continue beyond age 18 if the child has physical or mental disabilities that prevent them from becoming self-supporting. While this is not the same as post-majority educational support, courts may extend support obligations based on medical necessity.
(Established through case law and judicial discretion; not explicitly detailed in § 50-13.4)
Each case is reviewed individually, and additional documentation such as medical records or educational assessments may be required.
Do Other States Handle This Differently?
Yes. Some states allow or even require divorced parents to contribute to college expenses under certain circumstances. However, North Carolina does not unless the obligation is voluntarily agreed to by the parents.
Final Thoughts
In North Carolina, child support ends when a child reaches adulthood unless there’s a clear and enforceable agreement stating otherwise. Whether you’re negotiating a divorce or reviewing an existing order, it’s important to understand that college costs are not automatically included under child support law.
At James L. Jordan Law, we help parents draft clear, enforceable college support agreements and provide guidance on whether post-majority support makes sense for your family’s situation.
Have questions about college support in North Carolina? Contact James L. Jordan Law today to schedule a confidential consultation.
