Secondary education payment post divorce

Your divorce and child custody agreements are final, get practical tips for moving on with your life after divorce.

Secondary education payment post divorce

Unread postby vetdad » Wed Jan 11, 2017 11:34 am

I live in CT. Been divorced 4 years now. Pay cs and alimony. Alimony until Feb next year. D18 goes to college this summer and of course who will pay for tuition is the hot topic.

In marriage we ALWAYS said our retirement is a priority over our ability to pay for college. Now looks like she has changed her tune-and acts like we never had the conversation before!! Div decree only says 'a discussion over secondary expenses will need to take place'. I already know the ex is going to expect that I pay 50% of what scholarships don't cover. Anyone here have any ideas on how I can keep from being ordered to pay?

The ex has been able to contribute to her retirement (her retirement contributions were considered protected by state and not factored as income- she is a teacher and union agreement) while I had no break or protection so not always able to contribute to mine. I simply cannot afford to fully support this and would be willing to contribute but NOT 50/50.

Thanks for suggestions and any input!
vetdad
New
 
Posts: 5
Joined: Tue Jan 10, 2017 1:15 pm

Re: Secondary education payment post divorce

Unread postby BartSimpson » Wed Jan 11, 2017 11:44 am

Does your Court Order require any payment?
Volenti non fit injuria
User avatar
BartSimpson
20K Club
 
Posts: 25034
Joined: Thu Jan 24, 2008 8:50 pm

Re: Secondary education payment post divorce

Unread postby vetdad » Wed Jan 11, 2017 11:49 am

No. It only says we will need to have a discussion. There are no directives or divisions just a 'discussion'. Someone told me that a judge cannot oder me to pay for college but I think a judge can do whatever they want.
vetdad
New
 
Posts: 5
Joined: Tue Jan 10, 2017 1:15 pm

Re: Secondary education payment post divorce

Unread postby BartSimpson » Wed Jan 11, 2017 12:01 pm

Someone was correct. You cannot be ordered to pay.

What is the relationship between you and this daughter?
Volenti non fit injuria
User avatar
BartSimpson
20K Club
 
Posts: 25034
Joined: Thu Jan 24, 2008 8:50 pm

Re: Secondary education payment post divorce

Unread postby hoot74 » Wed Jan 11, 2017 12:11 pm

PA 02-128, which went into effect October 1, 2002, permits judges and family support magistrates to order parents to support their children enrolled in accredited post-secondary schools for up to four full academic years and until they reach age 23.

Courts can do this only if they find it more likely than not that the parents would have provided this support if the family remained intact. The act specifies other circumstances courts must consider and conditions the parents and students must satisfy.

The act states that it does not give children the right to sue their parents for educational support and that its coverage does not include support for graduate or post-graduate studies. It applies to cases where the first child support order is entered on or after October 1, 2002.

EDUCATIONAL SUPPORT ORDERS

Under the act, a court can enter an educational support order at a parent's request when it enters a (1) divorce, legal separation, or annulment decree; (2) pendente lite order (temporary support while a divorce case is pending); or (3) support order in a paternity matter or other situation where the parents live apart. It can order educational support at any time before the child's 23rd birthday in cases where the parents never married or are living apart.

When entering a divorce, separation, or annulment decree involving parents who have offspring under age 23 that does not include educational support, the magistrate or judge must tell the parents that they will not be able to seek this type of support at a later date. The court may accept parents' waiver of future educational support rights only if it finds that they understand its consequences.
hoot74
1K+ Posts
 
Posts: 2066
Joined: Wed Nov 28, 2012 10:27 pm

Re: Secondary education payment post divorce

Unread postby vetdad » Wed Jan 11, 2017 12:27 pm

I have a very good relationship with my daughter. Better than when married. She knows I am tight financially and knows I pay cs and alimony. I am mostly included in the discussion surrounding college choice, but in the back of my mind always wonder if her mother tells her that her father can pay.
vetdad
New
 
Posts: 5
Joined: Tue Jan 10, 2017 1:15 pm

Re: Secondary education payment post divorce

Unread postby hoot74 » Wed Jan 11, 2017 12:33 pm

vetdad wrote:I am mostly included in the discussion surrounding college choice....

Can you add some detail about this? It almost sounds like there is some ongoing discussion somewhere and then you are sometimes included, kind of like a third-party consultant. Is that right? If so, why aren't you leading the discussion, or engaging as a full participant?
hoot74
1K+ Posts
 
Posts: 2066
Joined: Wed Nov 28, 2012 10:27 pm

Re: Secondary education payment post divorce

Unread postby vetdad » Wed Jan 11, 2017 12:59 pm

She has custody. I have them in my home every other weekend and atleast one evening during the week. She was on this topic when my daughter was mid junior year of high school. She controls most of the conversation simply because she has them most of the time. It's like she is on offense and I am sometimes on defense. Sometimes we are in sync. She is a teacher and has all the contacts within education including HS counselors. I work an hour away.
vetdad
New
 
Posts: 5
Joined: Tue Jan 10, 2017 1:15 pm

Re: Secondary education payment post divorce

Unread postby Tom Kirkpatrick » Wed Jan 11, 2017 2:16 pm

Connecticut
Termination of support at 18
Courts will not order post-secondary educational support unless there is a specific agreement between the parties. Cariseo v. Cariseo, 190 Conn. 141, 459 A.2d 523 (1983).

**

See link... http://law.justia.com/codes/connecticut ... b-56c.html

Sec. 46b-56c. Educational support orders. (a) For purposes of this section, an educational support order is an order entered by a court requiring a parent to provide support for a child or children to attend for up to a total of four full academic years 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. An educational support order may be entered with respect to any child who has not attained twenty-three years of age and shall terminate not later than the date on which the child attains twenty-three years of age.

(b) (1) On motion or petition of a parent, the court may enter an educational support order at the time of entry of a decree of dissolution, legal separation or annulment, and no educational support order may be entered thereafter unless the decree explicitly provides that a motion or petition for an educational support order may be filed by either parent at a subsequent date. If no educational support order is entered at the time of entry of a decree of dissolution, legal separation or annulment, and the parents have a child who has not attained twenty-three years of age, the court shall inform the parents that no educational support order may be entered thereafter. The court may accept a parent's waiver of the right to file a motion or petition for an educational support order upon a finding that the parent fully understands the consequences of such waiver.

(2) On motion or petition of a parent, the court may enter an educational support order at the time of entry of an order for support pendente lite pursuant to section 46b-83.

(3) On motion or petition of a parent, the court may enter an educational support order at the time of entering an order of support pursuant to section 46b-61 or 46b-171 or similar section of the general statutes, or at any time thereafter.

(4) On motion or petition of a parent, the court may enter an educational support order at the time of entering an order pursuant to any other provision of the general statutes authorizing the court to make an order of support for a child, subject to the provisions of sections 46b-212 to 46b-213v, inclusive.

(c) The court may not enter an educational support order pursuant to this section unless the court finds as a matter of fact that it is more likely than not that the parents would have provided support to the child for higher education or private occupational school if the family were intact. After making such finding, the court, in determining whether to enter an educational support order, 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.

(d) At the appropriate time, both parents shall participate in, and agree upon, the decision as to which institution of higher education or private occupational school the child will attend. The court may make an order resolving the matter if the parents fail to reach an agreement.

(e) To qualify for payments due under an educational support order, the child must (1) enroll in an accredited institution of higher education or private occupational school, as defined in section 10a-22a, (2) actively pursue a course of study commensurate with the child's vocational goals that constitutes at least one-half the course load determined by that institution or school to constitute full-time enrollment, (3) maintain good academic standing in accordance with the rules of the institution or school, and (4) make available all academic records to both parents during the term of the order. The order shall be suspended after any academic period during which the child fails to comply with these conditions.

(f) The educational support order may include support for any necessary educational expense, including room, board, dues, tuition, fees, registration and application costs, but such expenses shall not be more than the amount charged by The University of Connecticut for a full-time in-state student at the time the child for whom educational support is being ordered matriculates, except this limit may be exceeded by agreement of the parents. An educational support order may also include the cost of books and medical insurance for such child.
(g) The court may direct that payments under an educational support order be made (1) to a parent to be forwarded to the institution of higher education or private occupational school, (2) directly to the institution or school, or (3) otherwise as the court determines to be appropriate.
(h) On motion or petition of a parent, an educational support order may be modified or enforced in the same manner as is provided by law for any support order.
(i) This section does not create a right of action by a child for parental support for higher education.
(j) An educational support order under this section does not include support for graduate or postgraduate education beyond a bachelor's degree.
(k) The provisions of this section shall apply only in cases when the initial order for parental support of the child is entered on or after October 1, 2002.

^^^ See thread: viewtopic.php?f=7&t=75753&p=844049#p844049

If this can't be settled out of court, it appears college expenses can be revisited post-divorce in CT. Have you read daddy scholarship??

viewtopic.php?f=7&t=30979

vetdad wrote:.....decree only says 'a discussion over secondary expenses will need to take place'.
Language is weak. But "intent" is clear. Who wrote the decree??

Weak language notwithstanding, it sounds like the decree's intent was to revisit college expenses at some future date post divorce. So the question remains: "Will the judge stick to weak decree language??.....or will he make a ruling based upon "intent??"

FYI - Family court judges enjoy considerable latitude from the bench.

Tom
Last edited by Tom Kirkpatrick on Wed Jan 11, 2017 7:35 pm, edited 1 time in total.
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
5K+ Posts
 
Posts: 6794
Joined: Thu Mar 03, 2005 11:31 pm
Location: Pacific NW

Re: Secondary education payment post divorce

Unread postby hoot74 » Wed Jan 11, 2017 2:41 pm

Tom,

Your citation is from 1983.

I posted text relates to statute from 2002.

Here is a case after 2002:
https://casetext.com/case/gorski-v-gors ... 731814-apr

Still not sure what the answer is, but something clearly changed with the 2002 law:
After October 1, 2002, educational support orders are governed by General Statutes § 46b-56c. Public Acts 2002, No. 02-128, § 1. Subsection (k) of § 46b-56c provides: "The provisions of this section shall apply only in cases when the initial order for parental support of the child is entered on or after October 1, 2002." That means that the statutory authority to order educational support for the benefit of a child past the age of majority does not apply to cases in which the initial order for parental support was entered on or before October 1, 2002. "That the obligation [of] a parent, absent [an] agreement, to pay for a four-year, post high school degree (i.e. `educational support order') has not been previously contained in the General Statutes of Connecticut and therefore, P.A. 02-128 imposes a new obligation on a party to an action, and is, accordingly, to be given prospective effect." (Emphasis omitted.) Fils-Aime v. Fils-Aime, Superior Court, judicial district of Stamford-Norwalk at Stamford, Docket No. FA 00 0179920 (Aug. 26, 2002, Shay, J.) (32 Conn. L. Rptr. 734).

H
Last edited by hoot74 on Wed Jan 11, 2017 2:49 pm, edited 1 time in total.
hoot74
1K+ Posts
 
Posts: 2066
Joined: Wed Nov 28, 2012 10:27 pm

Next

Return to After The Divorce is Final – Moving On

Who is online

Users browsing this forum: Bing [Bot] and 6 guests