<p>Depends on the state. Depends on the divorce agreement and how the courts uphold it. However, individual colleges can disregard all of this. Otherwise every single divorce agreement would exclude college costs in order for the kid to get the maximum financial aid and then the NCP can pay up through a “back door”. It all comes down to what the college decides to use, and they see plenty of this. They see unmarried parents, truly absent parents and most of all parents who do not want to pay. A lot of divorced, separated and non married partners in the mix, so it is not an unusual situation. I see it all of the time.</p>