This Week’s Blog by Nicole M. DiGiose
Does the Court have the Authority to Order a Party to Contribute to a Child’s College Expenses?
Yes. Pursuant to General Statutes Section 46b-56c(a), the Court has jurisdiction to enter an order requiring one or both parents to provide support for a child to attend an institution of higher education or a private occupational school for the purpose of attaining a bachelor’s or other undergraduate degree, or other appropriate vocational instruction for a total of four full academic years.
Are there any Prerequisites for the Court to Enter an Educational Support Order?
Yes. The Court may not enter an educational support order unless the Court finds, as a matter of fact, that it is more likely than not that the parents would have provided support for a child’s higher education or private occupational school, had the family remained intact.
What does the Court Consider in Determining Whether to Enter an Educational Support Order?
Pursuant to General Statutes Section 46b-56c(c), in determining whether to enter an educational support order, the Court shall consider all relevant circumstances, including: (1) the parents’ income, assets and other obligations, including obligations to other dependents; (2) the child’s need for support to attend an institution of higher education or private occupational school considering the child’s assets and the child’s ability to earn income; (3) the availability of financial aid from other sources, including grants and loans; (4) the reasonableness of the higher education to be funded considering the child’s academic record and the financial resources available; (5) the child’s preparation for, aptitude for and commitment to higher education; and (6) evidence, if any, of the institution of higher education or private occupational school the child would attend.
What Expenses Qualify as “Educational Expenses?”
An educational support order may include support for any necessary educational expenses, including room, board, dues, tuition, fees, registration and application costs, books, and medical insurance.
What is the Maximum Amount of an Educational Support Order?
An educational support order may not exceed the amount charged by the University of Connecticut for a full-time, in-state student at the time the child matriculates. The “UConn cap” applies to the entire educational support order for both parents.
Could Parties Agree to Alternate Arrangements regarding Educational Support Orders?
Yes. The “UConn cap” may be exceeded by the parties by agreement.
When can the Court enter an Educational Support Order?
The Court may enter an educational support order at the time of a decree of dissolution, legal separation, or annulment. The Court may reserve jurisdiction to enter an educational support order at a later date. This is usually done in cases of young children. If the Court does not reserve jurisdiction to enter an educational support order at a later date, then no educational support order may be entered thereafter. If the Court does reserve jurisdiction, a party may petition the Court to enter an educational support order at a later date.
When do Educational Support Orders Terminate?
An educational support order must terminate no later than a child’s attaining age twenty-three.
Could an Educational Support Order be entered for a Child’s Graduate School Expenses?
No, the Court does not have jurisdiction to enter an educational support order for a child’s graduate or postgraduate education beyond a bachelor’s degree. However, parties may agree to be responsible for and share these expenses.
At Broder Orland Murray & DeMattie LLC we have extensive experience in addressing disputes related to a child’s post-secondary educational support throughout Fairfield County and Connecticut, whether the issue arises incident to a dissolution of marriage action or post-judgment.