Washington Post Secondary Support FAQ's

Where did this notion of paying post-secondary support come from?
In 1926, the Washington State Supreme Court in Esteb v. Esteb, required a divorced father to provide funds for a college education for his daughter. The principle set forth by the court in Esteb was expanded fifty years later. In 1978, the Washington State Supreme Court ruled in Childers v. Childers that judges have the discretion to require a parent to support a child beyond the age of 18 if the child remains dependent on his or her parents for support. In 1990, the Legislature enacted RCW 26.19.090 governing post secondary educational support awards.
What are the standards for awarding post secondary educational support?
Whether the adult child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court will exercise its discretion when determining whether and for how long to award post secondary educational support based upon consideration of factors that include but are not limited to the following:

(a) Age of the child;
(b) Child's needs;
(c) Parent's expectations for their children when they were together;
(d) Child's prospects, desires, aptitudes, abilities or disabilities;
(e) Nature of the post secondary education sought; and
(f) Parents' level of education, standard of living, and resources.
I am a single mother. My oldest daughter turns 18 in February of this year. She will be graduating from high school in June. She wants to go to college, but I cannot afford to send her, and the order of child support does not talk about paying for college. I really don't want a lack of funds to prevent her from going to school. What can I do?
You can file petition for a support modification to request that post secondary educational costs for your daughter be provided for since your prior order of support does not address these costs.
I have three children. Two by my first marriage and one from my current marriage. Although I did not intend to pay for college for any of my children I have heard that I may be required to pay for college for the two oldest. This isn't fair. Forcing me to pay for the two oldest seems like it violates my constitutional rights. Doesn't it?
No. Although a frequent objection to post secondary support awards is the claim that 'married parents don't have to pay for college, while divorced parents do,' the claim has not been persuasive in Washington. In 1978, the Washington State Supreme Court in Childers v. Childers dealt with an equal protection claim, and found post secondary support to be constitutional. The court in Childers ruled that judges have the discretion to require a parent to support a child beyond the age of 18 if the child remains dependent on his or her parents for support.

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