Executive Summary:
Going through a contested divorce is never easy, and when you throw in the added stress of figuring out how to pay for college, things can get even more complicated. In this blog, we’ll explain how college tuition is handled for your child, what Colorado law says, and the proactive steps you can take to reduce tension, protect your finances, and support your child’s goals. Whether you’re finalizing a divorce or looking to update your current child custody agreement, we’ll help you understand your options and how to navigate these tough conversations with less conflict.
When Child Support Ends, Who Picks Up the Tuition Bill?
In Colorado, child custody and child support obligations usually end when your child turns 19, but there are some exceptions. If your child is still in high school or an equivalent program at that time, support continues until the end of the month after graduation, but not past age 21. Support can also extend beyond 19 if both parents agree in writing or if the child is mentally or physically disabled and the court orders continued support.
This means college expenses aren’t automatically covered by court-ordered support. Unlike some states, Colorado doesn’t require divorced parents to pay for college tuition unless they agree to it voluntarily during their divorce or in a later modification.
So, who pays? That depends on:
- Whether college costs were addressed in your original contested divorce decree
- If both parents are willing to negotiate a new agreement
- Your child’s eligibility for financial aid, scholarships, and student loans
If you’re in the middle of a contested divorce, this is the time to bring up college expenses, even if your child is only in middle school. Addressing the issue now can help you avoid major disagreements later on.
Why College Planning Can Be Harder After a Contested Divorce
If you’ve been through a contested divorce, chances are you’ve already had some tough conversations about child custody, finances, or communication. When that’s the foundation, talking about paying for college can feel impossible.
Here are a few common struggles co-parents face:
- Different financial priorities: One parent may value higher education, while the other may not want to contribute.
- Lack of communication: Contested divorce often leads to long-term breakdowns in co-parenting dynamics.
- Resentment over past issues: Unresolved anger from child custody disputes can spill into future discussions.
Despite the history, it’s important to keep your focus on your child’s best interests and try to move forward constructively.
What to Include in Your Divorce Agreement or Parenting Plan
If you’re currently going through a divorce, you still have a chance to include language about college costs in your divorce decree or child custody agreement. Even though it’s not legally required in Colorado, courts will honor these agreements once both parties sign off.
Here are some elements to consider:
- Tuition and fees: Will you split them 50/50? Base it on income?
- Room and board: Will that be included in shared expenses?
- Books, supplies, and travel: These often go overlooked but add up quickly.
- Length of support: Will payments continue for four years, or more if needed?
- Conditions: Should your child maintain a certain GPA or stay enrolled full-time?
The more detailed your agreement, the fewer disputes you’ll face down the line, especially if tensions from your divorce are still lingering.
What If You’re Already Divorced and Didn’t Plan Ahead?
If your child custody or support agreement didn’t include college costs, that doesn’t mean you’re out of options; it just means you’ll have to work together to find a solution.
Here are a few steps you can take:
- Start with a conversation: Yes, it might be uncomfortable. But setting aside old grievances from your divorce and focusing on your child’s future can help ease the tension.
- Put it in writing: If you agree to share costs, formalize the plan so there are no misunderstandings.
- Consider mediation: A neutral third party can help you and your co-parent reach a fair agreement, especially if your child custody relationship is still rocky.
- Talk to a lawyer: Even informal agreements can benefit from legal advice, especially when money is involved.
What About Financial Aid?
College costs aren’t just about parental contributions. Your child may be eligible for:
- Federal student aid (based on the FAFSA)
- Scholarships
- Grants
- Work-study opportunities
- Private or federal student loans
For FAFSA purposes, if parents are divorced, separated, or never married and don’t live together, the parent who provided more financial support in the past 12 months is the contributor and must report their income. If financial support was equal between both parents or nonexistent, the parent with the higher income and assets is responsible.
Tips for Reducing Conflict Around College Costs
Even the most contentious co-parenting relationships can make space for peace, especially when your child’s future is on the line. Here are a few ways to navigate this next chapter with less friction:
- Keep the focus on your child: Shared goals can help you stay civil, even if your child custody history is complicated.
- Be transparent about finances: Avoid surprises by sharing income changes, savings accounts, or tuition contributions.
- Don’t involve your child in the drama: Let them be a student, not a mediator between parents.
- Use professionals if needed: Attorneys, mediators, or financial planners can help you build a plan that works.
Supporting Your Child’s Future Together
College isn’t just a financial milestone: it’s a chance for both parents to show up for their child in a meaningful way. Even after a contested divorce or child custody battle, working together on education planning sends a powerful message of support.
At Colorado Legal Group, our experienced team of family law attorneys helps parents across the state navigate complex family law issues every day. With offices in Denver and Colorado Springs, we provide personalized support whether you’re preparing for a contested divorce, modifying a child custody agreement, or working through tough conversations about college expenses.
We’re here to help you move forward with clarity, confidence, and a plan that protects your child’s future. Contact us today to learn how we can support your family’s next chapter.