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2007 Fam. L. Litig. 1 (2007)

handle is hein.aba/famlit2007 and id is 1 raw text is: ii .... .... ... ni . ..... .. .... . . . . . . . . . . . . ........... 0 A Publication of the Domestic Relations and Family Law Litigation Committee of the Section of Litigation Vol 6, No0 Sprn 200 1 0 S S - ~ee. ,~ , - .8 * 0 I- 9.,- * * S. I -- ~eI. ~~mT~j ~ e . 6 .6O *S. S Should Courts Be Free To Order Child Support For Post-Secondary Education Expenses? Not many aspects of divorce more directly affect children whose parents have divorced than that of how to pay for post-secondary education. Post-majority children of divorce often remain dependent upon their now-separated parents. These children are caught in a financial twilight zone. For them, the question of how to pay for post-secondary education takes on a seriousness and urgency that is compounded by college's escalating costs.' The question is - should those divorced parents have a duty to support their young adult offspring? Unfortunately, in many states, parents have no obligation to pay child support after their child turns eighteen. However, in at least twenty-three states and the District of Columbia, parents may be ordered to pay post-majority child support -- including the costs of a college education.2 This article reviews the factual justification for post-majority child support as well as the law in several jurisdictions and contends that courts should include post-majority child support in court-ordered or approved awards. The Case for Higher Education In those states in which parents have no post-majority child support obligation, the case law has not kept pace with reality.3 While in the nineteenth century, only the rich, the elite, or the rare genius were enrolled in higher education, today those without a college education have a dim future. In our increasingly credentialed society, educational achievement is strongly correlated with income. Instead of amassing fortunes to be inherited by their offspring, middle class parents now pass wealth along to the next generation by investing in children's skills and education. According to the Bureau of Labor Statistics, this is a sound investment in human capital.4 The Bureau predicts that in the coming years, demand will increase for workers who have completed even some college, while demand for workers with a high school diploma will decline

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