• CALL US
  • (864)298-0084
  • facebookBWS-FB
  • twitterBWS-Twitter
  • YoutubeBWS-YouTube
  • linkedinBWS-LI
Bannister-wyatt-and-stalvey-logoBannister-wyatt-and-stalvey-logoBannister-wyatt-and-stalvey-logoBannister-wyatt-and-stalvey-logo
  • HOME
  • ABOUT US
    • Our Team
    • Video Library
  • PRACTICE AREAS
    • Criminal Defense
      • DUI And DWI Defense
      • Drug Arrest Defense
      • Criminal Sexual Conduct
      • Criminal Domestic Violence
      • Homicide Self Defense
      • Traffic Accident With Fatality
      • Burglary
      • Child Abuse
      • Tax Evasion Defense
    • Complex Civil Litigation
    • Family Law
      • Restraining Orders
      • Divorce Law
      • Child Custody And Child Support
      • Name Changes
      • Spousal Support And Alimony
      • Division Of Property
      • Business Valuation
    • Real Estate Law
    • Personal Injury
      • Medical Malpractice
      • Wrongful Death
    • Other Litigation Services
      • Business Litigation
      • Financial Fraud
  • BLOG
  • PAYMENT
  • CONTACT
  • BLOG
  • PAYMENT
  • CONTACT
  • Home
  • Blog
  • Family Law
  • Family Court Judges Should Not Have Jurisdiction to Order Parents to Pay College Expenses
expungement in south carolina
The South Carolina Expungement Process
October 6, 2017
US NEw best law firms 2018
Bannister, Wyatt & Stalvey, LLC Recognized Among the Best Law Firms in America 2018
January 15, 2018

Family Court Judges Should Not Have Jurisdiction to Order Parents to Pay College Expenses

January 15, 2018
Family Court Judges Should Not Have Jurisdiction to Order Parents to Pay College Expenses.
Family Court Judges Should Not Have Jurisdiction to Order Parents to Pay College Expenses.

BWS: Opinion: Family Court Judges Should Not Have Jurisdiction to Order Parents to Pay College Expenses.

By Luke Burke

According to the Census Bureau, around 36 percent of U.S. adults have bachelors’ degrees. The past few decades have seen a push for four-year education to keep up with the evolving industry and jobs in America. Even over the past few years there have been debates on whether or not the United States should pursue free education at the college level. This has raised an ethical dispute: is the United States youth entitled to higher education?

Taking a deeper dive into this issue, many families have the financial ability to pay for their children to go to college. But what about emancipated youth? In South Carolina, emancipation usually occurs when a child turns 19 or graduates from high school and generally indicates that a child becomes free from parental control and the parents are no longer legally responsible for the child. But, are parents responsible to pay for that child’s college degree?

In South Carolina, family court judges may order parents to pay college expenses for their emancipated children. Based on the changing economic landscape and the drastic change in the number of individuals pursuing college degrees, I believe that the law no longer supports family court judges having jurisdiction to order parents to pay college expenses. 

The current state of the law is based on the Risinger case—a 1979 case where the South Carolina Supreme Court ruled that the family court can order parents to pay college expenses under the theory that the family court is allowed to make orders running past a child’s majority “where there are physical or mental disabilities of the child or other exceptional circumstances warrant it,” which is quoted from the family court jurisdictional statute. 

Risinger was overturned in Webb v. Sowell in 2010 but was revived by McLeod v. Starnes, a 2012 case.

McLeod v. Starnes was a 3-2 split decision in the Supreme Court. Then Justice, now Chief-Justice, Beatty wrote the dissent in the case in which he argued that Risinger was wrongly decided and the family court does not have jurisdiction to order parents to pay college expenses. 

Even if Risinger was correctly decided in 1979 when fewer people went to college, going to college is no longer an “exceptional circumstance,” so Risinger should be and probably will be overturned. Almost half of all American adults hold at least an associates’ degree. This year, an estimated 20.4 million students enrolled in college compared to an estimated 11.6 million enrolled in 1979.

Additionally, two of the justices who decided the McLeod case (Chief Justice Toal and Justice Pleicones) have since retired so it is entirely possible that the state of the law will change if the new justices (Justice Few and Justice James) agree with Chief Justice Beatty. 

As an associate at Bannister, Wyatt & Stalvey, Luke Burke’s main area of practice is in Civil Litigation, with a primary focus on Family Law, Real Estate Litigation and Business Litigation.

 Mr. Burke received his bachelor’s degree from the University of Notre Dame in 2002, and held a position as a software engineer and developer for several years before entering law school. In 2011, Mr. Burke graduated with honors from the University of South Carolina School of Law and became a member of the South Carolina Bar. During his time at USC, he was a distinguished member of the South Carolina Law Review, Order of the Coif, and Order of Wig and Robe.

 A Chicago native, Mr. Burke relocated to Greenville in 2006 after observing the exciting revitalization occurring in the upstate. He and his wife, Megan, currently reside in Taylors and enjoy taking advantage of the many outdoor festivals and fine cuisine Greenville has to offer.

 Prior to joining Bannister, Wyatt & Stalvey, Mr. Burke served as an associate attorney with Moon Law where his practice focused on litigation. He also holds past experience with the University of South Carolina Intellectual Property Office, where he drafted contracts, licenses, and compliance reports, and assisted in obtaining patents for USC inventions.

Share

Related posts

Engaged_Estate Planning in Greenville SC
September 18, 2019

Estate Planning Tips for Engaged Couples


Read more
mediation process.
September 5, 2019

What to Expect at Mediation for a Family Court Case


Read more
Fathers’ Custody Rights In Greenville SC
June 24, 2019

Fathers’ Custody Rights


Read more

LEGAL CATEGORIES

  • Awards & Honors
  • Business Law
  • Case Results
  • Constitutional Rights
  • Contract Law
  • Criminal Defense
  • Criminal Domestic Violence
  • Divorce Law
  • DUI DWI Defense Law
  • Family Law
  • Jury Trials
  • Law Firm
  • Lawyers in Greenville SC
  • Personal Injury
  • Press Coverage
  • Real Estate Law
  • Technology

RECENT ARTICLES

  • Attorney Alex Stalvey Achieves Recertification in Criminal Trial Law with the National Board of Trial Advocacy
  • South Carolina Attorneys Luke Burke and Jack McDonald Become Partners at Bannister, Wyatt & Stalvey
  • Bannister, Wyatt & Stalvey, LLC Distinguished Among the Best Law Firms in America 2020
  • Bannister, Wyatt & Stalvey Hires New Associate Richard “Christian” Capps
  • Estate Planning Tips for Engaged Couples

PAST ARTICLES

MEDIA RESOURCES:

Firm Overview
Attorney Bios
For press inquires, please contact:
Jamie Prince
Flourish Integrated Communications
864-248-0255
View All Press Releases

Law Firm Serving Greenville, SC
401 Pettigru St.
Greenville, SC 29601
United States
(864) 298-0084

Practice Areas:

  • Business Litigation
  • Criminal Law
  • Divorce Law
  • Drug Arrest
  • Family Law
  • Personal Injury
  • Real Estate Law

Office Hours:
Monday – Friday 9AM – 5PM

Directions

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.The exact nature of your legal situation will depend on many facts not known to me (us) at this time. You should understand that the advice and information in this communication is general and that your own situation may vary. Nothing contained in this communication shall be construed as legal advice provided by Bannister, Wyatt and Stalvey, LLC. Attorney Alex R. Stalvey of Bannister, Wyatt & Stalvey, LLC, is responsible for the content of this communication. The firm’s office is located at 401 Pettigru Street, Greenville, South Carolina.
Bannister, Wyatt, and Stalvey © 2018 | (864) 298-0084 | Privacy Policy
  • facebookBWS-FB
  • twitterBWS-Twitter
  • YoutubeBWS-YouTube
  • linkedinBWS-LI