Louisiana does not require parents to pay for college expenses through child support. Under La. R.S. 9:315.22, child support obligations terminate when a child reaches 18 years old, or age 19 if the child remains enrolled full-time in high school. Unlike states such as Illinois, New Jersey, and Massachusetts, Louisiana courts have no statutory authority to order parents to contribute to post-secondary education costs. However, parents can voluntarily include college tuition provisions in their marital settlement agreement during divorce proceedings.
Key Facts: Child Support and College in Louisiana
| Factor | Louisiana Law |
|---|---|
| Child Support Termination Age | 18 (or 19 if in high school) |
| Court Authority to Order College Tuition | No statutory authority |
| Voluntary Agreements Enforceable | Yes, if included in divorce decree |
| Private K-12 School Tuition | Can be ordered as extraordinary expense |
| Disabled Child Support Extension | Until age 22 (developmental disability in school) |
| Filing Fee Range | $200-$410 depending on parish |
| Residency Requirement | 6 months Louisiana domicile |
Louisiana Child Support Termination Rules Under R.S. 9:315.22
Louisiana child support terminates automatically when a child reaches age 18 under La. R.S. 9:315.22, with no court action required by the obligor. The statute provides three specific exceptions: high school students may receive support until age 19, children with developmental disabilities may receive support until age 22 while enrolled in secondary school, and children incapable of self-support due to intellectual or physical disability may receive support indefinitely. These exceptions do not include college attendance as a qualifying extension.
The High School Exception Explained
If your child turns 18 while still enrolled in high school, child support continues until the earlier of graduation or the child's 19th birthday. Under La. R.S. 9:315.22(C), the child must be unmarried, a full-time student in good standing at a secondary school or equivalent, and dependent upon either parent. This exception applies automatically without requiring a court motion, unlike the developmental disability provisions.
Support for Children with Developmental Disabilities
Children with developmental disabilities as defined in La. R.S. 28:451.2 may receive extended child support until age 22, provided they remain full-time students in secondary school. The parent seeking this extension must file a contradictory motion before the child reaches majority age. The court order must specifically state the child has a qualifying developmental disability and specify the extended support period.
Why Louisiana Courts Cannot Order College Tuition Payments
Louisiana follows the majority rule among U.S. states that child support obligations do not extend to post-secondary education. Only approximately 18 states have provisions allowing courts to order college expense contributions, including Alabama, Connecticut, District of Columbia, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Dakota, Oregon, South Carolina, Utah, and Washington. Louisiana is notably absent from this list.
The legal rationale centers on parental autonomy after majority. Once a child reaches 18, Louisiana law presumes they have attained majority status and the legal disabilities of minority cease. Parents have no statutory duty to support adult children absent specific circumstances like disability. This aligns with Louisiana's civil law tradition where obligations must have clear legal foundations rather than judicial discretion.
Comparison: States That Require vs. Don't Require College Support
| Require College Support | Don't Require College Support |
|---|---|
| Illinois (capped at U of I cost) | Louisiana |
| New Jersey | Texas |
| Massachusetts | Florida |
| New York (discretionary) | Virginia |
| Indiana | Pennsylvania |
| Connecticut | California |
How to Include College Expenses in Your Louisiana Divorce Agreement
While Louisiana courts cannot independently order college tuition payments, parents can contractually agree to share these expenses through their marital settlement agreement. Once incorporated into the divorce decree and approved by the court, these provisions become legally binding and enforceable. This represents the only reliable method for securing college expense commitments in Louisiana divorces.
Essential Elements to Include in Your Agreement
A comprehensive college expense stipulation should address: percentage split of tuition costs (such as 60/40 based on income proportions), covered expenses including tuition, room and board, books, fees, and transportation, maximum contribution caps (many parents reference the cost of Louisiana State University as a benchmark at approximately $24,000-$28,000 annually for in-state students), duration limits (typically four to five years), academic performance requirements (maintaining a 2.0 GPA or higher), and procedures for selecting schools and payment timing.
Sample Language for College Tuition Provisions
Parents may include language such as: "Both parties agree to contribute to the post-secondary education expenses of the minor children according to their respective incomes at the time of enrollment. Father shall pay 65% and Mother shall pay 35% of tuition, required fees, room, board, and textbooks at any accredited Louisiana college or university, or the equivalent cost at Louisiana State University if the child attends an out-of-state institution. This obligation continues for four academic years per child, provided the child maintains full-time enrollment and satisfactory academic progress."
Extraordinary Expenses for K-12 Private School Under R.S. 9:315.6
While college tuition cannot be ordered, La. R.S. 9:315.6 does allow courts to add private elementary and secondary school expenses to the basic child support obligation. By agreement of the parties or order of the court, tuition, registration, books, and supply fees for special or private K-12 schools meeting the child's needs may be included as extraordinary expenses. The parent seeking inclusion bears the burden of proving the school is necessary for the child's needs.
What Qualifies as an Extraordinary Expense in Louisiana
Louisiana law recognizes three categories of extraordinary expenses under La. R.S. 9:315.6: private or special elementary or secondary school tuition and fees necessary to meet the child's needs, transportation expenses for custody exchanges between parents, and special expenses for child development including camps, music lessons, art lessons, travel, and school-sponsored extracurricular activities. College expenses are explicitly not included in this statutory framework.
Louisiana Divorce Filing Requirements and Costs
Before addressing child support college issues in your divorce, you must meet Louisiana's jurisdictional requirements. A spouse who has established and maintained residence in a Louisiana parish for at least six months is presumed domiciled under Louisiana Code of Civil Procedure Article 10(B). You must file in the parish where either party is domiciled or the parish of the last matrimonial domicile.
Current Filing Fees by Parish (As of May 2026)
| Parish | Filing Fee |
|---|---|
| Orleans Parish | $332.50 |
| St. Tammany Parish | $410 |
| Jefferson Parish | $300-$350 |
| East Baton Rouge Parish | $250-$500 |
| Caddo Parish | $275-$325 |
| Rural parishes | $200-$250 |
Verify exact fees with your local clerk of court before filing, as fees change periodically. Additional costs include sheriff service of process at $30-$75 per La. R.S. 13:5530, or $50-$200 for private process servers, plus certified copy fees of $2-$5 per page.
Enforcing College Expense Agreements After Divorce
Once your divorce decree includes college expense provisions, these become legally binding contractual obligations enforceable through Louisiana courts. A parent who fails to pay their agreed-upon share may face contempt proceedings, wage garnishment, or other collection remedies. The enforcing parent should retain documentation of all tuition bills, payment records, and communications regarding enrollment.
What Happens If Your Ex-Spouse Refuses to Pay
If your former spouse refuses to honor the college expense stipulation in your divorce decree, you may file a Rule for Contempt in the court that issued the original judgment. Louisiana courts have authority to enforce agreements incorporated into divorce decrees as they would enforce any court order. Potential consequences for non-compliance include fines, attorney fee awards to the prevailing party, and in extreme cases, incarceration for civil contempt until compliance occurs.
Modifying Child Support Orders in Louisiana
Either parent may seek modification of child support when circumstances substantially change under La. R.S. 9:311. However, modification addresses the basic child support obligation calculated under Louisiana's income shares model, not contractual college expense agreements. College tuition stipulations are typically treated as separate contractual provisions that require mutual agreement or specific contract modification procedures to alter.
When Modification May Affect College Planning
Substantial changes warranting modification include job loss reducing income by 25% or more, disability preventing employment, significant increases or decreases in either parent's income, and changes in the child's needs or custody arrangement. If your modified income affects your ability to meet college expense commitments, you should address this through negotiation with your co-parent rather than through child support modification proceedings.
Planning Strategies for Louisiana Parents Facing Divorce
Louisiana parents concerned about funding their children's college education should take proactive steps during divorce negotiations. First, obtain current college cost projections for target institutions. Louisiana State University costs approximately $24,000-$28,000 annually for in-state students including room and board, while Tulane University costs approximately $80,000 annually. Use these benchmarks to structure realistic contribution agreements.
529 Education Savings Account Considerations
The Louisiana START Saving Program (Student Tuition Assistance and Revenue Trust) offers tax-advantaged 529 savings accounts that should be addressed in divorce proceedings. Determine current balances of existing 529 accounts, specify how future contributions will be divided between parents, establish who controls account ownership and investment decisions, and clarify whether the college expense agreement reduces or supplements 529 funds.
Tax Implications of College Expense Agreements
College expense payments made pursuant to a divorce decree are generally not tax-deductible for the paying parent, nor are they considered taxable income to the receiving parent or child. However, the parent claiming the child as a dependent may qualify for education tax credits including the American Opportunity Credit (up to $2,500 per year) or Lifetime Learning Credit (up to $2,000 per year). Your divorce agreement should specify which parent claims the dependency exemption for tax purposes.
Common Mistakes to Avoid in Louisiana Child Support and College Planning
Many Louisiana parents make costly errors when addressing post-secondary education in divorce. First, assuming courts will order college support creates dangerous gaps in planning. Second, using vague language like "parents shall share college expenses" without specifying percentages, caps, or covered costs invites future disputes. Third, failing to address what happens if the child delays enrollment, changes schools, or drops out can leave obligations uncertain.
Protecting Your Agreement from Future Challenges
To create an enforceable college expense agreement, ensure both parties provide full financial disclosure during negotiations, use specific dollar amounts or percentage formulas rather than vague terms, include dispute resolution mechanisms such as mediation before litigation, address contingencies like academic probation or gap years, and have both parties acknowledge they understand the agreement is voluntary and not required by Louisiana law.