The short answer: Sometimes, yes. A South Carolina family court can order a divorced parent to help pay for a child’s college expenses, but it isn’t automatic. The judge weighs several factors: the child’s academic ability, what each parent can afford, the child’s own resources, and whether the child would likely have had college support had the family stayed together.
Sorting out who pays for college after a divorce can feel like one more weight piled on at an already hard time. You want your child to have every opportunity. You also need to protect your own financial footing. Here’s a practical look at how South Carolina handles college costs so you know where you stand.
In this article, we discuss:
– If a South Carolina court can order a parent to pay for college.
– The factors judges weigh in these cases.
– Whether college support is automatic or comes with conditions.
– How college costs affect your current child support order.
– Answers to common questions parents ask.
Can a South Carolina family court order a parent to pay college tuition?
Yes, in limited circumstances. A South Carolina family court does have the authority to order a parent to pay toward a child’s college expenses, and that authority stems from a line of cases worth understanding.
Back in 1979, the South Carolina Supreme Court decided Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979), holding that the need for a college education can be the kind of “exceptional circumstance” that justifies continuing support past age 18. Then, in 2010, the Court reversed course in Webb v. Sowell, ruling that requiring a divorced parent to pay college expenses violated the Equal Protection Clause. That shift didn’t last long. In 2012, the Court overruled Webb v. Sowell in McLeod v. Starnes, holding that ordering a parent to help pay for college under the Risinger factors does not violate equal protection.
So, as the law stands today, courts can order college support under South Carolina’s support statute, S.C. Code Ann. § 63-3-530(A)(17), which allows support for post-secondary education “in the discretion of the court,” together with the decisions interpreting it.
What factors does the court weigh in a college expenses case?
The court’s job is to decide whether college support is fair and realistic for your particular family. Judges typically focus on four things:
– The child’s academic ability and aptitude, meaning whether the child is a capable student who will genuinely benefit from college.
– Each parent’s financial resources, or whether the parents can reasonably afford to help.
– The child’s own resources, including scholarships, student loans, and the child’s ability to work to help cover costs.
– Whether the child would have had college support if the family had remained intact. This factor seeks to identify those children whose parents would otherwise have paid for their college education, but for the divorce.
These considerations trace back to Risinger, which asked whether the child will benefit from college, can earn satisfactory grades, cannot otherwise attend, and whether the parent has the financial ability to help. Every family is different, which is why two families with similar incomes can end up in very different places.
Is paying for college automatic, or can the court set conditions?
It’s discretionary, not automatic. A judge is never required to order college support, and when a judge does, the order usually comes with strings attached.
Courts often tie a college contribution to reasonable expectations: the child staying enrolled full-time, maintaining a minimum GPA, and finishing within a normal timeframe. These conditions protect the paying parent and keep the focus on a student who is actually committed to the work.
How do college expenses affect your existing child support order?
College costs and regular child support are linked, and one can change the other. In South Carolina, standard child support generally runs until the child turns 18, or until high school graduation if the child is still enrolled.
Once a child starts college, the court may continue, adjust, or end the existing order based on the circumstances, then address college expenses separately. Support might shift, for example, to reflect that the child now lives on campus. Because these pieces interact, have an attorney look at your overall situation before anything is finalized.
Our team at Turner Family Law can walk you through the numbers and your options. Protect your child’s future. Call 864-778-2734 to schedule a consultation.
Frequently asked questions about college expenses after divorce
Does the paying parent get to choose the college?
Not entirely, though cost and reasonableness carry real weight. Courts consider what the family can realistically afford, which is why the price gap between an in-state public university and an expensive private school often figures into the discussion.
Does this apply to trade schools or vocational programs?
It can. The core question is whether continued support meets the “exceptional circumstances” standard the courts apply. Trade and vocational programs can raise similar considerations, but the answer depends on your specific facts, so ask an attorney about your situation.
What happens if my child drops out?
Because college support is usually tied to conditions such as remaining enrolled and maintaining grades, a parent can often ask the court to modify or end the obligation if the child stops attending. Don’t just stop paying on your own, though. You generally need a court order to change what you owe.
Talk with our team at Turner Family Law
College decisions are stressful enough without uncertainty over who pays. Whether you’re asking for help with tuition or being asked to contribute, you deserve clear guidance built around your child’s best interests and your financial reality. Our team at Turner Family Law practices exclusively family law and helps parents across Greenville, Rock Hill, and the Upstate. Protect your child’s future. Contact us at 864-778-2734 to schedule a consultation.
