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Can the court order child support through college?

In short, yes, the court can and does order that child support continues through your child's college years. But the court will not only impose child support just because she attends college. The court will consider a variety of factors when implementing support orders. This post will discuss those factors and how they may result in continued child support payments.

First, the court will examine you and your ex-spouse's financial resources. The court will request that both parties submit evidence establishing their income from investments, jobs, savings, and other assets. The court will weigh these numbers to determine if the non-custodial parent is capable of giving payments.

Next, the court reviews the standard of living your child would have enjoyed but for the divorce decree. The court primarily considers the differences in the level of living to determine if her chances at enjoying a similar lifestyle were significantly altered.

Third, the court assesses the financial resources of the child. The more successful the child, the less likely that support will be ordered.

Finally, the court looks to the academic performance of the child. If the child is likely to excel at college, the court will order continued support to assist in her development as a contributing member of society. But if the child is unlikely to succeed in college and another path may be preferable, the court may not impose child support.

If you are seeking a child support modification order, then you may want to consult with an attorney. As you can see, the factors do not guarantee that your child will receive support payments. A lawyer can help you gather evidence to ensure that the factors are in your child's favor.