Kansas law only requires that child support payments continue until your child is the age of majority, 18 years old. However, parents can agree through a written agreement that parents will provide for support through the children’s college years. This can be done in a variety of ways. One agreement I have seen is for parents to set up an education savings account for the minor child, and each contribute a certain amount per year until the child is of college age. Parents may also agree to pay for the child’s college education proportionate to the amount of their gross incomes at the time the child is of college age. Another agreement is for the non-primary residential parent to pay for the child’s college, and the amount paid towards college is included in setting the total child support obligation for the children under the age of eighteen.
I understand that parents want to secure the future of their children and do not want the children to suffer due to the divorce, however, I caution clients when they want to add a section to their settlement agreement requiring an agreement for college. It is just simply too difficult to determine what the future may hold with respect to your children, and your financial future, therefore you do not want to bind yourself to an agreement that may be impossible to uphold or one you are unwilling to uphold due to unforeseen circumstances.
