
College Tuition Provisions in MI Divorce Settlements
On Behalf of Law Offices of Michael A. Robbins | Mar 6, 2018 | Uncategorized |
Today more than ever higher education is increasingly viewed as a key component of a young person’s education. Furthermore, due to the high price tag that comes with attending college society generally expects parents to help pay for their children’s university tuition if they are financially able to do so. Consequently, many divorcing couples who have minor children now include a college tuition provision in their divorce settlement (aka “Judgment of Divorce”) in order to help ensure that there will be funds available to their children should they decide to attend college when they are grown. If you’re interested in learning more about college tuition provisions and their enforceability under Michigan law read through the frequently answered questions that have been answered below and then contact a local Michigan divorce attorney with any case specific questions that you may have.
Q: Are college tuition provisions valid and enforceable in Michigan?
A: Despite the fact that child support is intended to benefit minor children who have not yet reached the age of majority (which is 18 in Michigan), under Michigan’s current laws a provision contained in a Judgment of Divorce that provides financial support for a child after he/she reaches 18 years of age is valid and enforceable if the parties to the judgment agree to include such a provision in their divorce settlement. MCL 552.605b(4)(a). Therefore, a college tuition provision that is included in a Michigan Judgment of Divorce is valid as long as both parents agree to its inclusion.
Q: Are college tuition provisions modifiable under Michigan law?
A: When drafting a college tuition provision in Michigan it is a good idea to specify that any clause pertaining to payments for a child’s post-majority educational expenses is part of the couple’s negotiated property settlement and is not “child support”. This is important if you are trying to draft a college tuition provision that is not modifiable as child support can be modified in Michigan after a couple’s divorce is finalized while a negotiated property settlement can not.
Q: What do I need to include in my college tuition provision to ensure that it won’t be found unenforceable for being ambiguous?
A: While we cannot guarantee that a Michigan court will find a college tuition provision containing the following information to be unambiguous, it is a good idea to draft your tuition clause to be as specific as possible and to address the following issues:
- Private or public university,
- Undergraduate and/or graduate school,
- In-state or out-of-state,
- Which college expenses are included (for example, tuition, room, board, books, etc.),
- Whether the child is required to obtain scholarships or other forms of funding, and
- If payments will cease on a certain date or upon a certain event occurring (for example, child reaches a certain again, child’s G.P.A. falls below a certain number, etc.).
Contact a Local Divorce Attorney
Do you have questions about drafting an enforceable college tuition provision under Michigan law? If so, contact the Law Offices of Michael A. Robbins today to set up an initial consultation with one of Michigan’s premier divorce attorneys. Our Bloomfield Hills office can be reached by dialing (248) 646-7980.
Recent Posts
Archives
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- May 2016
- April 2016
- March 2016
- February 2016
- December 2015
- November 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- March 2015
- February 2015
Categories
RSS Feed
Let us help you

Contact The Firm
3910 Telegraph Road
Suite 200
Bloomfield Hills, MI 48302
Phone: 248-646-7980
Fax: 248-646-7989