South Carolina does not automatically require parents to pay for college through child support, but family courts have discretionary authority to order post-secondary education contributions under the 1979 Risinger v. Risinger precedent, as reaffirmed by McLeod v. Starnes in 2012. Courts evaluate four specific factors: whether the child demonstrates academic aptitude, the child's need for financial assistance, the parent's ability to pay, and whether the child would otherwise be unable to attend college. College support orders typically cover tuition, room and board, books, and mandatory fees at in-state public universities, with parents sharing costs proportionally based on their respective incomes under South Carolina's income shares model.
Key Facts: Child Support and College in South Carolina
| Factor | Details |
|---|---|
| Filing Fee | $150 (all 46 counties) |
| Child Support Termination Age | 18 years old (or high school graduation, up to age 19) |
| College Support Required by Law | No—discretionary based on Risinger factors |
| Residency Requirement | 1 year (or 3 months if both spouses reside in SC) |
| Separation Period for No-Fault Divorce | 1 year continuous separation |
| Property Division | Equitable distribution (fair, not necessarily equal) |
| Child Support Model | Income shares model per S.C. Code § 63-17-470 |
| Key Case Law | McLeod v. Starnes, 396 S.C. 647 (2012) |
Does South Carolina Law Require Parents to Pay for College?
South Carolina law does not mandate that parents pay for their child's college education through child support, but family courts retain discretionary authority to order such contributions under specific circumstances established by Risinger v. Risinger, 273 S.C. 36 (1979). Standard child support obligations terminate when a child turns 18 years old, graduates from high school, marries, or becomes self-supporting—whichever occurs first under S.C. Code § 63-3-530(A)(17). However, the McLeod v. Starnes decision in 2012 reaffirmed that South Carolina family courts may order divorced or separated parents to contribute to post-secondary education costs when specific criteria are met.
The distinction between mandatory child support and discretionary college support is critical for South Carolina families. While regular child support is calculated using the state's income shares model and applies automatically based on parental income and custody arrangements, college support requires a separate court petition and evaluation under the Risinger four-part test. Parents cannot assume that a standard child support order will extend to cover university expenses—they must specifically request college support through the family court system.
The Risinger Four-Part Test for College Support
South Carolina courts evaluate college support requests using the four-factor test established in Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979). A parent seeking to compel the other parent to contribute to college expenses must demonstrate that all four criteria are satisfied.
The first factor examines whether the child's characteristics indicate they will benefit from college education. Courts look for evidence of academic achievement, intellectual curiosity, career goals requiring higher education, and overall maturity. A child with a 3.5 GPA, participation in college preparatory courses, and clear career objectives in fields requiring degrees (such as nursing, engineering, or teaching) will satisfy this factor more readily than a child with marginal academic performance and no stated educational goals.
The second factor requires proof that the child demonstrates the ability to perform well academically—or at minimum, to make satisfactory grades. Courts examine high school transcripts, standardized test scores (SAT or ACT results), and any college coursework already completed. A student maintaining a 2.5 GPA or higher typically satisfies this requirement, though courts have broad discretion in evaluating academic capability.
The third factor addresses whether the child cannot otherwise attend college without parental financial assistance. Under Hughes v. Hughes, 280 S.C. 388 (1984), courts consider the availability of scholarships, grants, federal student loans, and the child's ability to earn income through part-time work. An emancipated child has a duty to help minimize college expenses when seeking parental support through the family courts. If a child can obtain a full academic scholarship or qualifies for substantial need-based grants, the court may reduce or deny the parental contribution request.
The fourth factor evaluates whether the parent has the financial ability to help pay for higher education. Courts examine gross income, existing financial obligations, other children requiring support, retirement savings, and overall financial health. A parent earning $150,000 annually with minimal debt will face different expectations than a parent earning $45,000 with existing child support obligations for other children.
The McLeod v. Starnes Decision: 2012 Restoration of College Support
The South Carolina Supreme Court's 2012 decision in McLeod v. Starnes, 396 S.C. 647, 723 S.E.2d 198 (2012), restored the family court's authority to order college support after a brief two-year period when such orders were prohibited. In 2010, the court had ruled in Webb v. Sowell that requiring divorced parents—but not married parents—to pay for college violated equal protection principles. However, a change in court composition led to McLeod overruling Webb and reinstating the Risinger framework.
The McLeod decision emphasized that the state has a strong interest in ensuring young citizens receive education that enables them to become productive members of society. The court held that requiring divorced or unmarried parents to contribute to post-secondary education under the limited circumstances outlined by Risinger is rationally related to this legitimate state interest. One interpretation of McLeod suggests an additional implicit requirement: that college support can only be ordered for children whose parents would otherwise have paid for their college education but for the divorce.
This precedent means South Carolina stands among approximately 20 states that permit courts to order post-secondary education support in divorce cases. Parents should understand that while college support is not guaranteed, it remains a legitimate avenue for ensuring children of divorce have access to higher education opportunities comparable to children from intact families.
How College Support Differs from Standard Child Support
Standard child support in South Carolina operates under the income shares model established in S.C. Code § 63-17-470 and South Carolina Social Services Regulation 114-4710. This model calculates support based on combined parental gross monthly income, number of children, custody arrangements, health insurance costs, and childcare expenses. The 2024 guidelines update raised support amounts approximately 25% compared to the 2014 version and increased the combined gross income cap from $30,000 to $40,000 per month.
College support operates outside these standard guidelines. Rather than using predetermined worksheets, courts exercise discretion based on the Risinger factors and specific circumstances of each case. College support orders typically specify:
- Percentage allocation between parents (often proportional to income shares)
- Covered expenses (tuition, fees, room, board, books, supplies)
- Institution limitations (in-state public university rates vs. private school costs)
- Duration of support (typically 4-5 years or until degree completion)
- Grade maintenance requirements (often 2.0 GPA minimum)
- Reporting and documentation obligations
While standard child support terminates at age 18 (or high school graduation up to age 19), college support can extend through the child's early to mid-twenties depending on the degree program and court order terms. Parents should note that college support represents a separate obligation from any child support arrears that may exist—existing arrears remain collectible through wage garnishment and tax intercepts even after the child emancipates.
Typical College Support Allocations and Covered Expenses
South Carolina courts generally allocate college expenses proportionally based on each parent's share of combined gross income, mirroring the income shares approach used for standard child support. If Parent A earns 65% of combined parental income and Parent B earns 35%, a typical college support order might require Parent A to cover 65% of eligible expenses while Parent B covers 35%.
Covered expenses in most college support orders include:
- Tuition and mandatory fees at the designated institution
- Room and board (either on-campus housing or reasonable off-campus equivalent)
- Required textbooks and course materials
- Laboratory fees and other course-specific charges
- Mandatory health insurance if not covered under a parent's plan
Courts frequently limit parental obligations to the cost of attendance at a South Carolina public university, even if the child attends a more expensive private institution or out-of-state school. For the 2025-2026 academic year, the average in-state cost of attendance at University of South Carolina is approximately $28,000 annually, while Clemson University costs approximately $27,500. Parents whose child chooses a private university may find their court-ordered contribution capped at these public university rates.
Expenses typically excluded from college support orders include:
- Spending money and entertainment
- Travel expenses beyond initial move-in and semester breaks
- Vehicle costs, insurance, and gas
- Greek organization dues and social club fees
- Study abroad programs (unless specifically included)
- Graduate or professional school education
How to Request College Support in Your Divorce Case
Parents seeking college support should address this issue during the initial divorce proceedings rather than waiting until the child approaches college age. Including college support provisions in a marital settlement agreement provides the most predictable outcome and avoids future litigation. Settlement agreements can specify contribution percentages, covered expenses, institution limitations, and contingencies such as grade requirements or changes in financial circumstances.
If college support was not addressed in the original divorce decree, the custodial parent or the child (if emancipated) can petition the family court for a modification or supplemental order. South Carolina family courts retain continuing jurisdiction over child-related matters, and parents can file a motion requesting college support as the child approaches high school graduation.
The petition should include:
- Evidence of the child's academic performance and college acceptance
- Financial aid award letters showing grants, scholarships, and loan eligibility
- Both parents' current financial information (income, assets, debts)
- Cost of attendance breakdown for the intended institution
- Proposed allocation of expenses between parents
- Argument addressing each Risinger factor
Filing fees for family court motions in South Carolina are $150, payable to the Clerk of Court. Low-income petitioners may request a fee waiver using Form SCCA/400 if household income falls below 125% of the federal poverty level ($19,500 for individuals in 2026). As of March 2026, parents should verify current fees with their local family court clerk.
Voluntary Agreements vs. Court-Ordered College Support
Parents who resolve college support through voluntary agreement rather than litigation often achieve more flexible and comprehensive arrangements. A marital settlement agreement or consent order can include provisions that courts might not impose unilaterally, such as:
- Coverage for graduate or professional school
- Study abroad program funding
- Car and transportation expenses while in school
- Summer internship housing costs
- Laptop and technology allowances
Voluntary agreements can also establish contribution formulas that adjust based on changing circumstances without requiring court modification. For example, parents might agree that if one parent's income increases by more than 20% before the child begins college, the contribution percentages will be recalculated proportionally.
Once incorporated into a court order, these agreements become enforceable through contempt proceedings. A parent who fails to pay their agreed-upon college contribution can face wage garnishment, asset seizure, and potentially jail time for contempt of court. However, voluntary agreements typically include dispute resolution provisions—such as mediation requirements—before either party can seek court intervention.
What Happens When Parents Cannot Agree on College Support
When parents cannot reach agreement on college expenses, the matter proceeds to family court litigation. The parent seeking support bears the burden of proving that all four Risinger factors are satisfied. This typically requires presenting:
- Academic transcripts and standardized test scores
- Letters of recommendation from teachers or counselors
- Evidence of career goals requiring higher education
- Financial aid award letters and FAFSA results
- Expert testimony regarding college costs (if disputed)
- Both parents' complete financial disclosures
The non-supporting parent may argue that the child lacks academic aptitude, that scholarships and loans adequately cover costs, that their financial circumstances preclude contribution, or that the child can work to self-fund their education. Courts weigh all evidence and exercise discretion in determining whether to order support and in what amount.
Family court judges may order parents to contribute toward any reasonable post-secondary education, not limited to four-year universities. Trade schools, community colleges, and vocational programs can qualify for support if the child demonstrates aptitude and the education will lead to improved employment prospects. Courts recognize that bachelor's degrees are not the only pathway to economic self-sufficiency.
Impact of Adultery and Fault on College Support Decisions
South Carolina recognizes five grounds for divorce: no-fault (one year separation), adultery, physical cruelty, habitual drunkenness or drug use, and desertion. A spouse proven to have committed adultery is generally barred from receiving alimony under South Carolina law. However, marital fault has less direct impact on college support determinations.
College support decisions focus primarily on the child's characteristics, needs, and parents' financial abilities rather than marital misconduct. A parent found at fault for the divorce breakdown retains the obligation to support their child's education if the Risinger factors are satisfied. Courts view college support as serving the child's interests rather than rewarding or punishing parental behavior.
That said, fault-based conduct that affects parenting abilities or financial circumstances may indirectly influence college support outcomes. A parent whose substance abuse led to job loss and diminished income will have reduced ability to contribute. A parent whose adultery depleted marital assets through gifts to an affair partner may face arguments that their financial circumstances should be evaluated as though those assets remained available.
South Carolina Child Support Guidelines: 2024 Updates Still in Effect
The South Carolina Department of Social Services updated child support guidelines effective January 15, 2024—the first revision since 2014. These guidelines remain in effect for 2026 calculations. Key changes include:
- Support amounts increased approximately 25% across all income levels to reflect a decade of inflation
- Combined gross income cap raised from $30,000 to $40,000 per month
- New extraordinary medical expense provision allowing recurring medical costs to be built directly into monthly calculations
- Revised self-support reserve amounts
- Updated child care expense thresholds
The income shares model remains the foundation of South Carolina child support calculations. Each parent is responsible for a share of the child support obligation equal to their share of combined gross income. If Parent A earns $8,000 monthly and Parent B earns $4,000 monthly (combined $12,000), Parent A bears 67% of the basic obligation while Parent B bears 33%.
Shared custody arrangements where each parent has the children for at least 109 overnights per year use Worksheet C, which includes a 1.5 multiplier to account for duplicate household expenses. The guidelines provide basic support obligations ranging from $100 to $7,290 depending on combined income and number of children.
When Child Support Ends vs. When College Support Continues
Under S.C. Code § 63-3-530(A)(17), standard child support terminates when the child turns 18, graduates from high school (up to age 19), marries, or becomes self-supporting—whichever occurs first. No new arrearage accrues after the termination event, though existing arrears remain collectible.
Three exceptions allow child support to continue past age 18:
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High school enrollment: If the child remains enrolled in high school past age 18, support continues until graduation or the end of the school year after the child turns 19, whichever is later.
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Pre-existing agreement or order: Support continues in accordance with any agreement or order that specifically provides for support past age 18.
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Disability or exceptional circumstances: Courts may order support to continue indefinitely when physical or mental disabilities or exceptional circumstances warrant continuation. The disability must have existed or been known before age 18.
College support operates as a separate category from these standard child support continuation provisions. A court order for college support represents a distinct obligation that can extend through the child's early twenties regardless of whether standard child support has terminated. Parents should understand that the end of monthly child support payments does not necessarily mean the end of all financial obligations to their children.
Frequently Asked Questions About Child Support and College in South Carolina
Does South Carolina require divorced parents to pay for their child's college education?
South Carolina does not automatically require divorced parents to pay for college, but family courts have discretionary authority to order contributions under the Risinger v. Risinger four-part test. Parents must demonstrate the child has academic aptitude, can perform satisfactorily, cannot otherwise attend without financial help, and the parent can afford to contribute. College support is determined case-by-case rather than mandated by statute.
What is the Risinger test for college support in South Carolina?
The Risinger test, established in Risinger v. Risinger, 273 S.C. 36 (1979), requires proof of four factors: (1) the child's characteristics indicate they will benefit from college; (2) the child demonstrates ability to make satisfactory grades; (3) the child cannot attend without parental financial assistance after considering scholarships, grants, and loans; and (4) the parent has financial ability to help pay.
At what age does child support end in South Carolina?
Under S.C. Code § 63-3-530(A)(17), child support ends when the child turns 18, graduates from high school (up to age 19 if still enrolled), marries, or becomes self-supporting—whichever occurs first. Support may continue indefinitely for children with physical or mental disabilities that existed before age 18.
Can I include college expenses in my divorce settlement agreement?
Yes, parents can voluntarily include college support provisions in their marital settlement agreement regardless of whether a court would order such support under Risinger. Settlement agreements can cover graduate school, study abroad programs, and other expenses courts might not order. Once incorporated into a court order, these provisions become enforceable through contempt proceedings.
What expenses does court-ordered college support typically cover?
Court-ordered college support typically covers tuition, mandatory fees, room and board, required textbooks, and course materials. Courts often limit parental obligations to in-state public university costs (approximately $27,500-$28,000 annually at USC or Clemson for 2025-2026). Expenses like spending money, vehicles, Greek dues, and study abroad are usually excluded unless specifically included in the order.
How do South Carolina courts divide college expenses between divorced parents?
Courts generally allocate college expenses proportionally based on each parent's share of combined gross income, consistent with the income shares model used for standard child support. If Parent A earns 60% of combined income and Parent B earns 40%, Parent A typically pays 60% of eligible college expenses while Parent B pays 40%.
What if my child receives scholarships or financial aid?
Scholarships, grants, and other financial aid reduce the amount parents must contribute under Risinger's third factor, which examines whether the child can attend without parental help. Courts expect children to apply for all available aid and to work part-time when feasible. Under Hughes v. Hughes, emancipated children have a duty to help minimize college expenses when seeking parental support.
Can I be ordered to pay for graduate school or professional school?
South Carolina courts have not established clear precedent requiring divorced parents to fund graduate or professional education. The Risinger framework focuses on undergraduate education. However, parents can voluntarily agree to graduate school funding in their settlement agreements, and such provisions would be enforceable once incorporated into a court order.
What happens if a parent refuses to pay court-ordered college support?
A parent who fails to pay court-ordered college support faces contempt of court proceedings. Consequences may include wage garnishment, seizure of tax refunds, liens on property, suspension of driver's license, and potentially jail time for willful contempt. The receiving parent or child can petition the family court to enforce the order.
How do I file for college support if it wasn't addressed in my original divorce?
File a motion with the South Carolina family court that issued your original divorce decree requesting modification or supplemental order for college support. Include evidence addressing all four Risinger factors: child's academic record and college acceptance, financial aid information, both parents' current financial circumstances, and proposed expense allocation. The filing fee is $150.
Conclusion: Planning for College Expenses in South Carolina Divorce
South Carolina's approach to child support and college expenses reflects a balance between parental autonomy and the state's interest in ensuring children of divorce have access to higher education. While standard child support terminates at age 18 or high school graduation, the Risinger framework provides a pathway for courts to order divorced or unmarried parents to contribute to post-secondary education costs when specific criteria are satisfied.
Parents navigating divorce should address college support proactively during settlement negotiations rather than leaving this significant expense to later litigation. Voluntary agreements offer flexibility that court orders may not provide, including coverage for graduate school, study abroad programs, and other costs beyond basic tuition and fees.
For families unable to reach agreement, understanding the four Risinger factors—academic aptitude, satisfactory grades, need for assistance, and parental ability to pay—provides a framework for evaluating whether college support litigation is likely to succeed. Consulting with a South Carolina family law attorney who understands these nuances can help parents protect their children's educational opportunities while managing their own financial obligations.
As of May 2026, South Carolina family courts continue to apply the McLeod v. Starnes restoration of college support authority. Parents should verify current filing fees ($150) and procedural requirements with their local family court clerk, as court processes may change. The South Carolina Department of Social Services provides child support guidelines and calculator tools that can help parents understand baseline support obligations before addressing college-specific arrangements.