Utah College Cost Contribution Estimator
Free AI-powered calculator using Utah's official statutory formula.
How Utah Calculates It
Utah courts cannot order divorced parents to pay for adult children's college expenses absent exceptional circumstances. Under Utah Code § 78B-12-102, child support terminates when a child turns 18 or graduates high school, whichever occurs later—with no statutory provision for post-secondary education funding. The Utah Supreme Court established in Ferguson v.
Ferguson, 578 P.2d 1274 (1978) that while parents are encouraged to voluntarily support college education, courts should not compel such support 'except perhaps, in some unusual circumstance.' Utah judges may extend support for 19- or 20-year-old children only when special circumstances exist, such as disability preventing self-support. However, divorcing parents in Utah can contractually agree to college contribution provisions in their settlement agreement. Under Davis v.
Davis, 2011 UT App 311, parties may agree to child support exceeding statutory guidelines, and courts enforce these voluntary provisions. When judges do consider post-majority support, factors include private vs. public institution costs (with public school costs typically capping obligations), financial aid and scholarships received, each parent's financial resources, and the child's academic aptitude.
For FAFSA purposes, starting 2024-25, the parent providing the greater financial support—not the custodial parent—completes the application. Utah's my529 education savings accounts can be divided in divorce by splitting assets according to decree percentages, with the custodial parent typically becoming the account owner for financial aid optimization.
Calculate with Victoria
Victoria will walk you through the calculation step by step, using Utah's statutory guidelines. She'll ask for the information needed and explain how each factor affects your result.
College Cost Contribution Calculator
Powered by Utah statutory guidelines
Frequently Asked Questions
Can Utah courts order parents to pay for college after divorce?
No, Utah courts generally cannot order divorced parents to pay for adult children's college expenses. Under Utah Code § 78B-12-102, child support terminates at age 18 or high school graduation, whichever is later. The Utah Supreme Court ruled in Ferguson v. Ferguson (1978) that courts should not compel college support except in unusual circumstances, such as a child with disabilities who cannot support themselves.
What factors determine college contribution in Utah divorce?
When Utah courts do consider post-majority support in exceptional cases, judges evaluate several factors: each parent's financial resources and ability to pay, the child's financial resources including scholarships and grants, whether the child attends a public or private institution, academic performance and aptitude, and the standard of living the child would have enjoyed had the marriage continued.
Is there a cap on college costs in Utah divorce agreements?
While no statutory cap exists since Utah lacks mandatory college contribution law, courts addressing exceptional cases typically limit obligations to public university costs. Judges generally will not order a non-custodial parent to pay private school tuition when comparable public education is available. Voluntary settlement agreements may specify their own caps based on in-state tuition rates.
How does FAFSA work for children of divorced parents in Utah?
Starting with the 2024-25 school year, the FAFSA requires information from the parent who provides more financial support, regardless of custody arrangements. If parents contribute equally, the higher-earning parent completes the form. Stepparent income must be reported if that parent remarried, and child support received from the non-custodial parent counts as income on the FAFSA.
Who controls 529 plans in Utah divorce?
Utah's my529 plan accounts can be divided during divorce according to percentages in the divorce decree. Account owners can split assets into two accounts, allowing each parent to maintain separate accounts for the same beneficiary. Financial experts recommend the custodial parent become the account owner for better financial aid positioning, and ownership changes can be made by submitting Form 505.
Can I include college costs in my Utah divorce agreement?
Yes, divorcing parents can voluntarily include college contribution provisions in their settlement agreement, and Utah courts will enforce these contractual terms. Under Davis v. Davis (2011 UT App 311), parties may agree to support exceeding statutory guidelines. These provisions should specify contribution percentages, cost caps, school type limitations, and academic performance requirements to be enforceable.
Does Utah require college contribution for private school?
No, Utah has no mandatory college contribution requirement for any school type. Even in rare cases where courts extend support past age 18, judges typically will not force parents to pay private institution tuition when comparable public education exists. Voluntary divorce settlement agreements can specify private school obligations, but courts assess reasonableness based on each parent's financial capacity.
What age does college support end in Utah?
Standard Utah child support ends at age 18 or high school graduation, whichever is later, under Utah Code § 78B-12-219. Utah has no statutory requirement for post-secondary support. In exceptional cases involving disability, courts may order continued support indefinitely for children incapacitated from earning a living who cannot support themselves through their own means.
Official Statute
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