It depends upon the nature and amount of the resources. Savings, investments, trust income or assets, other liquid assets, or income from sources other than your child's employment are some examples of a child's money that might be used to pay college expenses. Anything left unpaid after the depletion of your child's money could be paid by you, your ex-spouse, or split between you. Most courts won't permit you to reduce the amount of college support you are ordered to pay by the amount your child is able to borrow. Likewise, if you have a tuition remission program available to you as an employment benefit, you probably won't be able to use that benefit to cover your portion of the college expenses, while your ex-spouse must use money to pay for his or her portion.
Courts generally rule that both parents get the benefit of a tuition remission program.
There is a very small body of law, primarily in Pennsylvania, supporting the claim that it's unconstitutional for a court to order divorced parents to pay for a child's college education. After all, parents who are not divorced have no legal obligation to pay for their child to receive a college education. Even though your state isn't included in this list, you and your spouse can agree, formally or informally, for the payment of college support. The author and publisher of this article have done their best to give you useful and accurate information. This article does not replace the advice you should get from a lawyer, accountant or other professional if the content of the article involves an issue you are facing.