Paying for Post-Secondary Education Following Divorce or Separation in Connecticut
The fall semester of college, career, or vocational school is just around the corner. Are you prepared to pay for your child’s tuition? If you are involved in a Connecticut divorce, legal separation, or child support matter, or if your final judgment reserved jurisdiction over educational expenses, now is the time to act.
Who is eligible?
Connecticut General Statutes § 46b-56c provides that the Connecticut Superior Court can reserve jurisdiction over post-secondary educational support orders for married couples who would have provided or contributed to their child or children’s tuition expenses had they remained an intact family. Connecticut courts have applied the statute to couples who were never married. However, if you waive the court’s jurisdiction over post-secondary educational support, either at the time of dissolution or when final orders are entered, the court cannot enter orders apportioning the cost between you and your ex-spouse or ex-partner.
What does the court mean by “post-secondary education” and does my child meet the criteria?
Connecticut statutes allow courts to enter orders for parents to contribute up to four full academic years to either obtain an undergraduate degree, attend a private career school, or attend another appropriate vocational institution. The statute requires both parents to be involved in and agree upon the institution the child will attend. If the parents are unable to agree on the institution their child will attend, then the court will decide.
In order for your child to be eligible, he or she must be under the age of 23 and enrolled in an accredited institution of higher education or private career school pursuing a course of study that is appropriate for his or her goals and academic status. The courses must equal at least half of a full-time student’s course load. In addition, the child must also maintain good academic standing according to the school or institution and share his or her academic records with both parents.
Will these orders cover the full cost of tuition?
The court uses the cost of attending the University of Connecticut (UConn) as a full-time, in-state, residential student as a cap or maximum limit on how much parents may be ordered to contribute. If your child’s tuition exceeds this cap, other arrangements for payment will need to be made, or you and the other parent will need to come to an alternate agreement. However, the order may include support for any necessary educational expenses such as room, board, dues, registration, application costs, cost of books, and medical insurance, as long as these expenses do not exceed the cap.
How does the court determine who pays what?
When determining what each parent will pay, if anything, the court will look at several factors, including each parent’s financial circumstances; the child’s need for support considering the child’s financial circumstances and ability to earn income; the availability of financial aid, scholarships, grants, and loans; the reasonableness of the higher education considering the child’s academic record and financial resources available; his or her preparation, aptitude for and commitment to attending higher education, and evidence of the institution which the child might attend.
What are my next steps?
If you would like to understand more about the implications of waiving the court’s jurisdiction over post-secondary educational support, or need assistance with filing a motion for post-secondary education support, negotiating tuition obligations, and enforcing or modifying existing court orders, please contact our Connecticut family law attorneys.
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