Post-Secondary Child Support

Post-secondary child support is a key issue that’s often overlooked. For parents who wish to continue receiving or providing financial support for a child’s education beyond high school, understanding the timeliness and requirements surrounding post-secondary support is critical. 

At Keystone Family Law in Vancouver, Washington, we understand that securing financial support for your child’s education can be challenging. Attorney Courtney Himes is experienced in post-secondary child support cases like these, helping you make sure that your child’s needs are met while protecting your rights. 

Whether you’re seeking to modify an existing child support order or need guidance on the legalities of support for a college-bound child, our child support attorney is here to provide legal assistance tailored to your unique situation.

What Is Post-Secondary Child Support?

Post-secondary child support refers to financial support that a parent may be required to provide for their child after they turn 18, typically for the purpose of furthering the child's education. This support often extends beyond high school and can include tuition, books, housing, and other educational expenses for attending college or vocational school. 

In Washington, post-secondary support can be a source of confusion for many parents, as it isn't automatically included in a standard child support order. In contrast to regular child support, which is automatically required, post-secondary support requires the parent to request this support. This is where timeliness comes in.

The Importance of Timeliness in Post-Secondary Child Support

For parents seeking to extend their child support obligations into the post-secondary years, the action must be brought before the child turns 18 or graduates from high school. This is a critical deadline, and if it's missed, a parent may lose the ability to seek additional support for their child's education.

The timeliness rule is based on the assumption that post-secondary education is a voluntary and planned activity and that parents should have adequate time to make arrangements for support. 

Because of this, the law requires that the parent seeking post-secondary support act before the child reaches a certain age or status. The general timeline is as follows:

• Before the child turns 18: If the child is nearing their 18th birthday, a parent must take action to request post-secondary support before that time. The petition must be filed with the court in a timely manner, making sure that the order is adjusted before the child reaches adulthood.

• Before the child graduates from high school: In some cases, the existing child support order may stipulate that support will continue until the child graduates from high school or turns 18, whichever occurs last. However, if the support is to continue into post-secondary education, the parent seeking this support must act before the child graduates from high school.

This timeline is important because if a parent fails to seek post-secondary support in the designated time frame, the child support order may not be modified to include post-secondary support. However, even if you meet the deadline, not all children automatically qualify for post-secondary child support.

Does My Child Qualify for Post-Secondary Child Support?

Several factors determine post-secondary child support eligibility, including the child's age, educational status, and the terms of the existing child support order. To qualify for post-secondary child support, the following criteria must generally be met:

• Age of the child: The child must be between the ages of 18 and 23, as Washington law allows for support payments to continue until the child reaches age 23, provided they're still enrolled in post-secondary education. The child must also not be married or self-supporting.

• Enrollment in a post-secondary program: The child must be enrolled in an accredited college, university, or vocational school. This requirement is to make sure that support is directed toward the child’s education and not for other living expenses. The child must be attending school full-time, unless they have a legitimate reason for part-time enrollment, such as a disability.

• Financial need: The court may assess the child's financial needs, the parents' ability to pay, and the child’s ability to contribute to their education costs. If the child has access to other financial resources, such as scholarships, grants, or student loans, this may impact the amount of support ordered by the court.

Each case is unique, and the eligibility for post-secondary child support is often influenced by factors such as the child’s educational performance, living arrangements, and both parents' financial situations. 

Consulting with an experienced post-secondary child support attorney can help you understand whether your child qualifies for support and make sure that you're following the appropriate legal procedures.

Modifying an Existing Child Support Order for Post-Secondary Support

In some cases, parents may already have an existing child support order but wish to modify it to include post-secondary support. This can be done by filing a petition.

The court will typically require that both parents be given notice of the petition and an opportunity to respond. The court will also consider the same factors outlined earlier, including the child’s educational plans and the parents’ ability to pay. In some cases, the petition may be challenged.

Challenges to Post-Secondary Child Support 

Non-custodial parents paying child support have the right to challenge the request for post-secondary support. Courts in Washington will consider a variety of factors before granting post-secondary child support, and as the responding party, you may present evidence to demonstrate that support is unnecessary or unjust.

Some key strategies to consider when combating a petition for post-secondary child support include:

• Questioning the child’s eligibility:  If the child isn't actively pursuing higher education, not enrolled in an accredited program, or working full-time to support themselves, you may be able to argue that post-secondary support is unnecessary.

• Evaluate the terms of the original support agreement: If post-secondary child support wasn't originally included in your support agreement or court order, you can challenge the request on procedural grounds. You may argue that the terms of the original order didn't contemplate post-secondary support, and thus, a modification is inappropriate unless certain conditions are met.

• Dispute the child’s educational commitment: The court will likely require proof that the child is committed to completing their education. If the child isn't making reasonable progress in their program, is attending school part-time without a legitimate reason, or has shown a lack of interest in continuing their education, you may be able to argue that the support should be denied or reduced.

• Presenting evidence of parental circumstances: If you're the paying parent, it's important to present evidence of your financial situation and ability to contribute. If you've experienced a significant financial setback, such as a job loss, health issues, or a change in family circumstances, this can be used to argue that you shouldn't be required to pay post-secondary support.

• Highlight the child’s ability to contribute: If the child is working part-time or has other means of contributing to their educational costs, you may present this information to demonstrate that the child can support themselves without additional assistance. This can be particularly relevant if the child has already accumulated savings, received other forms of financial aid, or is working to support themselves while attending school.

Challenging a petition for post-secondary child support can be a complicated and nuanced process. It's important to work with a knowledgeable child support attorney who can help you present a strong case and protect your financial interests.

Why You Should Consult With a Child Support Attorney Early

The process of requesting post-secondary support can be complicated, and the stakes are high for both parents and children. If you're a parent who wants to make sure that your child continues to receive financial support for their post-secondary education, it's critical to consult with a child support attorney well in advance of the deadline. 

Failing to act in time could mean missing the opportunity to secure the necessary funds for your child's education. A child support attorney can help you understand the nuances of your child support order, determine whether post-secondary support is likely to be granted, and guide you through the process of filing a petition for modification. 

Additionally, a child support attorney can help make sure that all paperwork is filed in a timely manner, reducing the risk of missing crucial deadlines.

Beyond just meeting the deadlines, a child support attorney can also help you work through the complicated legal language of child support orders. In some cases, a child support order may include ambiguous language that could affect whether post-secondary support is granted. 

By consulting with a child support attorney, you can clarify the terms of the order and make sure that the court understands your intentions for continuing support.

Contact a Child Support Attorney Today

If you're located in Vancouver or Clark County, Washington, and you require a child support attorney to help you through the process of petitioning for post-secondary child support (or challenging a petition), contact Keystone Family Law today to schedule an initial consultation.