Georgia College Cost Contribution Estimator

No, Georgia courts cannot order parents to pay college expenses. Under O.C.G.A. § 19-7-2, parental support obligations end when a child reaches 18, marries, or becomes emancipated. The Georgia Supreme Court affirmed this rule in Coleman v. Coleman, 240 Ga. 417 (1977), holding that courts lack jurisdiction to mandate college funding. The only post-18 exception is for children still enrolled in high school, who may receive support until graduation or age 20.

Since Georgia courts cannot order college contribution, factors are determined entirely by negotiation between parents. Common considerations include each parent's income and assets, the child's academic abilities, family educational history, anticipated college costs, and existing 529 plan balances. Parents often agree to split costs 50/50 or proportionally based on income, with caps tied to in-state public university tuition.

Caps are negotiable since Georgia has no statutory college contribution requirement. Many Georgia divorce agreements cap contribution at University of Georgia in-state tuition rates (approximately $12,080 annually for 2024-25). Other common caps include limiting support to four years of undergraduate education, excluding graduate school, or requiring the child to attend a public rather than private institution.

For FAFSA purposes, the custodial parent is the one who provided the most financial support in the 12 months before filing—this may differ from the divorce decree designation. Only the custodial parent's income and assets are reported. If the custodial parent remarries, the stepparent's income must also be reported. Strategic planning around custodial designation can significantly impact financial aid eligibility.

The 529 plan account owner maintains control, as these accounts have only one owner. In divorce, parents can split the 529 into separate accounts, freeze the existing account to prevent changes, or include protective language in the settlement agreement restricting beneficiary changes and requiring funds be used only for the designated child's education. Courts may divide 529 plans as marital assets.

Yes, parents can contractually agree to college contribution terms even though courts cannot mandate them. These written agreements, when incorporated into the divorce decree, are enforceable as contracts. Effective agreements specify contribution percentages, cost caps, school type limitations, academic performance requirements, age limits, and which expenses are covered (tuition, room, board, books).

No, Georgia has no statutory requirement for any college contribution, public or private. If parents want to address private school costs, they must negotiate terms in their settlement agreement. Many agreements cap contributions at public in-state tuition rates regardless of where the child attends, leaving the child or other parent responsible for any difference if a more expensive school is chosen.

Court-ordered child support in Georgia ends at 18 (or 20 if still in high school). For contractual college agreements, the end date depends on negotiated terms. Common provisions end support at age 22-24, upon obtaining a bachelor's degree, after four years of college enrollment, or upon marriage or full-time employment—whichever occurs first.