When will a court consider parental contributions to post-high school education expenses as a factor in determining spousal support?

California, United States of America


The following excerpt is from Maher v. Strawn (In re Maher), 277 Cal.Rptr.3d 689, 63 Cal.App.5th 356 (Cal. App. 2021):

had, if possible, by all of its citizens." ( Hale v. Hale (1942) 55 Cal.App.2d 879, 882883, 132 P.2d 67.) Post-secondary education is indispensable for most highly paid jobs. And as most parents surely know, even at state supported colleges and universities, tuition, room and board is very expensive. Meanwhile, with 18 as the age of majority, it would be extremely rare for a child to complete college before becoming an "adult." Especially in families where parents emphasized the importance of post-high school education, expected that they would contribute financially to the children's higher education, and had the financial means to do so, it is both unrealistic and inequitable to preclude the trial court from considering parental contributions to post-high school educational expenses as a factor in determining the supporting spouse's ability to pay spousal support. Certainly there is nothing in the broad scope of section 4320 that would compel the court to treat these expenditures differently than it does

[277 Cal.Rptr.3d 698]

any other discretionary expenses incurred by the supporting spouse.

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