Maryland courts cannot order parents to pay for college expenses through child support. Under Md. Code, Fam. Law § 12-201, child support obligations terminate when a child turns 18, or age 19 if still enrolled in high school, regardless of college enrollment status. However, parents can create legally binding agreements to share college costs through marital settlement agreements, which courts will enforce as contracts once incorporated into the divorce decree.
This distinction matters significantly for Maryland families: the average four-year cost at University of Maryland for in-state students exceeds $136,000 (including room and board), yet without a written agreement, neither parent has any legal obligation to contribute a single dollar once their child reaches the age of majority.
Key Facts: Maryland Child Support and College Expenses
| Category | Maryland Law |
|---|---|
| Child Support Termination | Age 18, or 19 if still in high school |
| Court-Ordered College Support | Not permitted under Maryland law |
| Voluntary Agreements | Enforceable as contracts when incorporated into divorce decree |
| Divorce Filing Fee | $165-$215 (varies by county, as of March 2026) |
| Residency Requirement | Maryland resident; 6 months if grounds occurred outside state |
| Grounds for Divorce | Mutual consent, 6-month separation, or irreconcilable differences |
| Property Division | Equitable distribution |
Why Maryland Law Does Not Require Parents to Pay for College
Maryland statutory law limits parental support obligations to minor children only. Under Md. Code, Fam. Law § 5-203, parents have a joint duty to provide food, shelter, care, and education to their children, but this duty terminates at age 18 (the age of majority in Maryland). The child support guidelines codified in Md. Code, Fam. Law § 12-201 define a child as a person under age 18, or under age 19 if still attending secondary school.
This statutory framework means Maryland circuit court judges have no authority to order either parent to pay tuition, room and board, books, or any other post-secondary education expense. Even if one parent earns $500,000 annually while the other earns $30,000, the court cannot compel the higher-earning parent to contribute to college costs unless both parties have voluntarily agreed to such an arrangement.
The high school extension provides limited additional protection: if your child turns 18 while still enrolled full-time in a recognized high school program (including public, private, or accredited homeschool curricula), support continues until graduation or the 19th birthday, whichever occurs first. This extension does not apply to GED programs, community college enrollment, or vocational training.
How Divorcing Parents Can Create Enforceable College Agreements
The single mechanism for creating a legally binding college expense obligation in Maryland is through a voluntary agreement incorporated into a court order. Under Maryland contract law, marital settlement agreements that resolve all divorce-related issues become enforceable contracts once the court approves them. The Supreme Court of Maryland has confirmed that marital settlement agreements must satisfy all traditional contract requirements to be enforceable, including offer, acceptance, consideration, and definiteness of terms.
When both parents sign a marital settlement agreement containing college expense provisions and that agreement is incorporated into the divorce judgment, those provisions become court-enforceable. If one parent later refuses to pay their agreed share, the other parent can file a motion for contempt or breach of contract.
Essential Elements of an Enforceable College Agreement
Well-drafted college expense provisions should address these specific elements to avoid future disputes and ensure enforceability:
| Element | Recommended Provision |
|---|---|
| Income threshold | Minimum parental income before obligation activates |
| Cost cap | Limit obligation to in-state public university rates ($12,121 tuition at UMD for 2026) |
| Financial aid requirement | Require child to apply for scholarships and federal aid |
| GPA requirement | Maintain minimum 2.0 or 2.5 GPA for continued support |
| Enrollment status | Full-time enrollment required for support |
| Duration | Limit to 4 consecutive years or 8 semesters |
| Qualifying expenses | Define which costs are covered (tuition, fees, room, board, books) |
| Payment method | Direct payment to institution vs. reimbursement |
The FAFSA Complication: Which Parent Files?
Starting with the 2024-25 academic year, significant federal changes affect which divorced parent completes the Free Application for Federal Student Aid (FAFSA). The parent who provides the greatest financial support during the most recent 12 months must complete the FAFSA, regardless of custody arrangements or where the child resides. This represents a departure from the previous rule that focused on physical custody.
If the parent providing greater financial support has remarried, the stepparent's income and assets must also be reported on the FAFSA, even if a prenuptial agreement exists. This federal requirement supersedes any state law or private agreement between the parties.
Child support received from the non-custodial parent must be reported as an asset on the FAFSA, which officially counts toward making the receiving parent the financial contributor to the student. This can significantly impact financial aid eligibility: if the child support-receiving parent has lower income but higher child support receipts, they may still be the required filer.
Committing FAFSA fraud by having the lower-income parent file when they are not the primary financial provider carries serious consequences: criminal penalties include fines up to $20,000, imprisonment up to 5 years, and mandatory return of fraudulently obtained aid funds.
Maryland 529 Plans in Divorce: Property Division Considerations
Maryland offers two 529 college savings vehicles: the Maryland College Investment Plan (managed by T. Rowe Price) and the Maryland Prepaid College Trust. How these accounts are treated during divorce depends on several factors, including who funded the account and whose name appears as the account owner.
Under the Maryland Court of Special Appeals decision in Abdullahi v. Zanini, 529 plans funded with marital funds during the marriage are generally considered marital property subject to equitable distribution. This means a court could include the account balance in the pool of assets divided between spouses, potentially requiring the account-holder parent to compensate the other parent for their share.
Courts take varying approaches to 529 plans in divorce proceedings. Some courts treat these accounts as funds set aside for the child's benefit and exclude them from marital property division. Other courts require the account owner to pay half the value to the other parent as part of the equitable distribution.
Parents can address 529 plans in their marital settlement agreement by stipulating that funds may only be used for the designated child's college expenses, effectively freezing the account against withdrawal for other purposes. This prevents either parent from depleting college savings after the divorce.
What Happens to 529 Plans After Divorce
529 plan treatment varies based on account ownership and funding source. Here is how different scenarios typically resolve:
| Scenario | Likely Treatment |
|---|---|
| Account funded with marital funds, one parent as owner | Marital property, subject to equitable division |
| Account funded by grandparent who is account owner | Not marital property |
| Grandparent contribution to parent-owned account | May be treated as commingled marital property |
| Premarital 529 contributions | Separate property of contributing parent |
Protective provisions in your marital settlement agreement should specify: (1) which parent controls the 529 account after divorce, (2) whether both parents will continue contributing, (3) what happens to remaining funds if the child does not attend college, and (4) whether funds can be transferred to another beneficiary.
Disabled Adult Children: The One Exception
Maryland law does recognize one exception to the age-18 termination rule. Under Md. Code, Fam. Law § 13-102, parents have a continuing duty to support adult children who are unable to support themselves due to mental or physical disability. If a child reaches the age of majority but cannot be self-supporting because of a disability that existed before age 18, the court may order continued support indefinitely.
This support obligation applies specifically to providing necessities (food, shelter, care, clothing) and does not automatically extend to college tuition. However, if the disabled adult child requires educational support as part of their care, courts may consider such expenses within the scope of necessary support.
Recent Maryland Law Changes Affecting Divorce and Support
Maryland has enacted several significant family law reforms effective October 1, 2023, and October 1, 2025, that indirectly affect college expense planning in divorce:
Senate Bill 36 (effective October 1, 2023) eliminated all fault-based divorce grounds, making Maryland a true no-fault divorce state. The three current grounds are mutual consent (requiring a signed marital settlement agreement), 6-month separation, and irreconcilable differences. Mutual consent divorces can finalize in 30-60 days with no waiting period when all issues are resolved by agreement.
House Bill 1018 (effective October 1, 2025) requires lenders to permit mortgage assumption in divorce cases under certain conditions, making it easier for one spouse to retain the marital home without refinancing. This can affect overall financial planning for college expenses.
As of October 1, 2025, new child support legislation allows adjustments for children living in a parent's home who are not subject to the current support order, potentially affecting available income for college contributions.
Filing for Divorce in Maryland: Requirements and Costs
To address college expenses in your divorce, you must first meet Maryland's filing requirements. One spouse must be a Maryland resident at the time of filing. If the grounds for divorce occurred outside Maryland, at least one spouse must have resided in Maryland for six months before filing under Md. Code, Fam. Law § 7-101.
Current filing fees range from $165 to $215 depending on your county's circuit court. As of March 2026, most Maryland counties charge $165 for the initial divorce complaint filing. Fee waivers are available for households with income at or below 125% of federal poverty guidelines ($16,335 annual income for individuals or $33,975 for families of four in 2026).
The divorce must be filed in the circuit court of the county where either the plaintiff or defendant resides, or where the defendant is regularly employed or has a place of business.
Step-by-Step: Negotiating College Expenses in Your Maryland Divorce
Because Maryland courts cannot order college contributions, successful negotiation requires both parents to voluntarily agree. Follow this systematic approach:
- Gather complete financial information including current income, projected income at college age, existing 529 balances, and expected college costs
- Research realistic cost projections using current in-state public university rates ($12,121 tuition plus approximately $22,000 for room, board, and fees at UMD for 2026-2027)
- Determine each parent's proportional share based on income ratios at the time of divorce or at the time the child enrolls
- Draft specific contract language addressing all essential elements (cost caps, GPA requirements, duration limits, qualifying expenses)
- Include FAFSA cooperation provisions requiring both parents to provide necessary financial information and tax documents
- Address 529 plan control and continued contributions
- Specify remedies for breach, including attorney's fees for enforcement actions
Cost Comparison: College Expenses in Maryland
Understanding potential college costs helps parents negotiate realistic agreement terms. Here are current Maryland higher education costs:
| Institution | In-State Tuition & Fees (2025-2026) | Total Cost of Attendance |
|---|---|---|
| University of Maryland-College Park | $11,809 (projected $12,121 for 2026-2027) | $34,268 annually |
| Average Maryland Public 4-Year | $10,398 | $28,000-$32,000 |
| Average Maryland Private 4-Year | $48,000-$55,000 | $65,000-$75,000 |
| Community College (2-year) | $4,500-$6,000 | $12,000-$15,000 |
Four-year total costs at a Maryland public university typically range from $112,000 to $140,000 for in-state students when including all expenses. Approximately 53% of enrolled students at UMD receive grants or scholarships, with an average aid amount of $13,172 per year.
What Other States Allow That Maryland Does Not
Some neighboring states permit courts to order college support even without parental agreement. Understanding these differences matters if you are considering relocating or if your divorce involves multiple jurisdictions:
| State | Court-Ordered College Support? |
|---|---|
| Maryland | No - voluntary agreement only |
| New Jersey | Yes - courts may order support through age 23 |
| New York | Yes - through age 21 |
| Pennsylvania | No - similar to Maryland |
| Delaware | No - similar to Maryland |
| Virginia | No - similar to Maryland |
| District of Columbia | No - similar to Maryland |
Enforcement of College Expense Agreements
Once incorporated into your divorce judgment, college expense provisions become enforceable through several mechanisms:
Contempt proceedings: If a parent willfully refuses to pay as agreed, the other parent can file a motion for contempt. Courts may impose fines or even incarceration for willful violation of court orders.
Breach of contract action: Because the marital settlement agreement functions as a contract, the aggrieved parent can sue for breach and seek damages equal to the unpaid amounts plus potentially attorney's fees if the agreement includes a prevailing party fee-shifting clause.
Modification: Unlike statutory child support obligations, contractual college expense agreements generally cannot be modified by the court unless both parties consent. Courts enforce the specific terms exactly as written, including tuition percentages, room-and-board caps, and GPA requirements.
The termination motion filing fee for modifying support orders is $312. However, because college expense agreements are contractual rather than statutory, different procedural rules may apply.