Divorce and College Loans

Attorney Bonny Reiss

Another important issue is should the child take loans to go to college? Well first of all financial aid is compromised of a whole lot of different things. One is scholarships and grants, loans and work-study. Most courts will expect that a child will apply for all financial aid available. The question then is how much of a loan should the child be required to take. That will be a function of the parents’ financial ability.

Generally speaking judges expect that a child will contribute to the cost of their education by way of loans. If, as parents, you can make a joint decision that you want your child to get out of college without loans or with a fixed amount in loans, you need to say that in the agreement. Also expect that judges really bend over backward to allow children to go to the college that they select. So that even if you as a parent may not think that your, that there is a value added in your child going to a private school over a public school if you have the financial ability the likelihood is is that you’ll be required to contribute.

If you’re a custodial parent, it’s very important to make sure that you involve the other parent in every aspect of the college application decision. If it’s by email or by phone make sure the parent knows where the child is applying, has input in suggesting what schools they apply to and perhaps even being involved in doing the essay, involved in the financial aid applications. It should be as much as possible a joint effort.

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