Do Parents Have to Pay for College Expenses in Maryland?

Introduction: Parental Financial Obligations in Maryland

The State of Maryland, as with other jurisdictions around the nation, holds that parents have a firm financial obligation to their children. This means that parents cannot privately “bargain away” their material obligation to children, as the obligation is enforced by law in all instances. However, although parents have a financial obligation to support children, this obligation doesn’t last forever: ordinarily, when a child turns 18, this obligation ceases, though in some situations the obligation may last longer. Currently, Maryland law holds that a parent remains financially responsible for a child until that child finishes high school or turns 19, whichever event occurs first.

What about college expenses? Are parents ever required to pay for some or all of their children’s college expenses? Given the importance of a college education with respect to occupational prospects, and other life outcomes, these questions are more pressing now than ever. Let’s explore these questions in depth.

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College Expenses May Be Included in Private Agreements

From a strictly legal standpoint, the answer is that parents are not normally legally obligated to cover college expenses. However, when parents agree to cover college expenses in private agreements, then these agreements may be formally integrated into a court order; then, with such court orders, college expenses do become a firm obligation of the parent. College expenses may be integrated into a variety of private agreements – prenuptial agreements, postnuptial agreements, and marital settlement agreements. In other words, they can be addressed at any stage of the marriage.

Parents need to carefully contemplate whether they enter such agreements, as courts will enforce these terms even if parents later attempt to unilaterally withdraw from them. Parents also need to know that they are free to structure these private agreements (which include college expenses) however they want, which means they can include important provisions and conditions. For example, parents can require children to maintain a certain grade point average (GPA) to continue receiving material support. Or, parents can agree to only carry specific expenses (tuition only, room and board only, etc.), or share certain expenses among themselves. Whatever the particular arrangement may be, the key thing to know is that such agreements may be fully enforceable by a Maryland family court judge, and so parents must approach these agreements with a suitable level of care.

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Contact the Murphy Law Firm for More Information

Readers who want to learn more about the financial responsibilities of parents under Maryland law, college expenses in private agreements, child custody disputes in general, or any other pertinent family law matter, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.

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