In 1998, a study was conducted studying children of divorced parents. The report, “The Unexpected Legacy of Divorce: A 25 Year Landmark Study,” focused on how divorce affected students in regards to higher education. The study found that students of divorced families overall received less financial support and were less likely to pursue a post-secondary education.

Based on the study’s finding, several states adopted laws or case laws that order the non-custodial parent to provide his or her child with financial aid for college. These state laws vary. Some include only tuition and book related expenses, while others allow for a monthly spending allowance and living expenses. Today, the following states have discretion over college financial aid matters in divorce cases:

Alabama
Arizona
Colorado
Connecticut
District of Columbia
Florida
Georgia
Hawaii
Illinois
Indiana
Iowa
Maryland
Massachusetts
Michigan
Mississippi
Missouri
Montana
New Jersey
New York
North Dakota
Oregon
Rhode Island
South Carolina
South Dakota
Utah
Washington
West Virginia

Despite the findings that only 29 percent of students with divorced parents receive college financial aid assistance from their parents – versus 88 percent of students from non-divorced households – critics of aid obligation laws argue it is unfair to require parents to pay up when it comes to college.

Regardless of the situation, the United States Department of Education (DOE) takes only one parent’s income and assets into consideration on the Free Application For Federal Student Aid (FAFSA). The “custodial” parent is usually the parent who provides the most support for the student. If the divorced parents split support equally, the custodial parent is typically the parent with the larger income. However, if the non-custodial parent has an obligation to provide the custodial parent with financial aid for their child’s education, that money is considered by the DOE when calculating the award package, including student loans and other college student financial aid. Thank you for reading our college student loans and financial aid blog.

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