Virginia College Cost Contribution Estimator
Free AI-powered calculator using Virginia's official statutory formula.
How Virginia Calculates It
Virginia courts cannot order divorced parents to pay for college expenses—the Commonwealth has no statute authorizing post-majority educational support. Under Virginia Code § 20-124.2, child support terminates when a child reaches age 18, or age 19 if the child remains a full-time high school student living with the custodial parent. Unlike the 16 states with college contribution statutes (such as New Jersey, New York, and Indiana), Virginia law explicitly ends parental support obligations at high school graduation.
However, Virginia courts will enforce written agreements between parents to fund college education. The landmark case McCaw v. McCaw, 403 S.E.2d 8 (Va.
Ct. App. 1991), established that voluntary parental agreements extending support beyond majority are enforceable through contempt proceedings.
For divorcing parents in Virginia, including college cost provisions in the property settlement agreement is the only mechanism to ensure educational support obligations. These contractual provisions typically specify contribution percentages, cost caps (often limiting obligations to in-state public university tuition, approximately $15,000–$18,000 annually at Virginia public universities), academic performance requirements, and age limits of 22–24. For FAFSA purposes, effective 2024–25, the parent providing the greater financial support—not necessarily the custodial parent—must complete the application.
If both parents contribute equally, the higher-income parent files. 529 plans funded during marriage are classified as marital property under Virginia's equitable distribution framework (Virginia Code § 20-107.3) and may be divided or assigned to one parent with provisions for the child's benefit.
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Victoria will walk you through the calculation step by step, using Virginia's statutory guidelines. She'll ask for the information needed and explain how each factor affects your result.
College Cost Contribution Calculator
Powered by Virginia statutory guidelines
Frequently Asked Questions
Can Virginia courts order parents to pay for college after divorce?
No, Virginia courts have no statutory authority to order divorced parents to pay for college expenses. Under Virginia Code § 20-124.2, child support terminates at age 18 (or 19 for full-time high school students). Virginia legislators rejected a 2010 bill that would have extended support to college students. However, courts will enforce voluntary written agreements between parents to share college costs.
What factors determine college contribution in Virginia divorce?
Since Virginia courts cannot order college support, there are no statutory factors. When parents negotiate voluntary agreements, common considerations include each parent's income and assets, the child's academic performance, choice of school (public vs. private), and anticipated financial aid. Parents typically specify contribution percentages, maximum cost caps, and whether room and board are included.
Is there a cap on college costs in Virginia divorce agreements?
Virginia law imposes no statutory caps because courts cannot order college support. In voluntary agreements, parents commonly cap obligations at Virginia in-state public university costs—approximately $15,000–$18,000 annually for tuition and fees. Parents may also exclude graduate school, limit support to four years, or require the child to maintain a minimum GPA to continue receiving contributions.
How does FAFSA work for children of divorced parents in Virginia?
Under federal FAFSA rules effective 2024–25, the parent who provides the greater portion of financial support completes the application—not necessarily the custodial parent. If both parents provide equal support, the parent with higher income must file. Stepparent income is included if the filing parent is remarried. Some Virginia institutions like UVA also require the CSS Profile from both biological parents.
Who controls 529 plans in Virginia divorce?
Under Virginia's equitable distribution law (Virginia Code § 20-107.3), 529 plans funded with marital assets are classified as marital property subject to division. Courts may assign ownership to one parent with provisions ensuring funds benefit the child. The account owner retains control over withdrawals and investment choices. Parents should address 529 ownership explicitly in divorce agreements.
Can I include college costs in my Virginia divorce agreement?
Yes, and this is the only way to create an enforceable obligation in Virginia. Once incorporated into a court order, college contribution provisions become binding contracts enforceable through contempt proceedings, as established in McCaw v. McCaw (1991). Include specific terms: contribution percentages, school type limitations, academic requirements, maximum age, and whether obligations cover tuition only or include room, board, and books.
Does Virginia require college contribution for private school?
Virginia has no legal requirement for college contribution at any school type—public or private. In negotiated agreements, parents frequently limit obligations to in-state public university costs. If the child attends a more expensive private institution, the parent's contribution typically caps at what public school would cost, with the child responsible for the difference.
What age does college support end in Virginia?
Virginia law provides no college support, so there is no statutory age limit. Court-ordered child support ends at 18 or 19 (if still in high school). In voluntary parental agreements, college support typically terminates at age 22–24, or upon earning a bachelor's degree, whichever occurs first. Parents may also include provisions ending support if the child drops below full-time enrollment.
Official Statute
Official Statute
Virginia Code § 20-124.2 (Court-ordered custody and visitation arrangements)Vetted Virginia Divorce Attorneys
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Arlington, Virginia
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Bedford, Virginia