Court-ordered Support for Child's College Expenses Abolished

On April 9, 2010, the South Carolina Supreme Court reversed its 1979 decision and held that the family court could not order a divorced parent to pay for a child's post-secondary education. This is a major change in family law in South Carolina. Although the legal duty to pay child support usually ends when the child turns 18 years of age, in 1979 the South Carolina Supreme Court ruled in a landmark case that the family court had the power to order a divorced parent to pay support for a child's post-secondary education. This included tuition, room and board, books and other living expenses. The case had the effect of allowing a court to order a divorced parent to pay for a child's college education yet no court in South Carolina could order married parents to pay for their child's college education. The new ruling held that this unequal treatment of parents was unconstitutional.

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