Married couples aren’t required to pay for their child’s college. However, in Connecticut, parents can be ordered to pay higher educational costs for their children as part of a divorce settlement or if a parent petitions the court at a later date. Educational support orders are not automatically granted. The court will consider several factors in deciding whether to award educational support and there is a statutory cap on the amount a parent must pay.
What Factors Are Considered in Awarding Educational Support?
Courts first must decide whether the parents would have paid for higher education for their child if they were an intact family. If they would have paid, the judge then considers the following factors:
- The parents’ income and assets
- The child’s need for financial support, considering the child’s own assets and/or income
- The availability of grants, loans, and other financial aid
- The reasonableness of the higher education to be funded considering the child’s academic record and the financial resources available
- The child’s preparation for, aptitude for, and commitment to higher education
- The evidence, if any, of the institution of higher education or private occupational school the child would attend.
Where a child has a college fund, such as a 529 account or a trust fund, the court may have the parents contribute after those funds are spent.
How Much Does a Parent Have to Pay?
A parent cannot be required to pay more than the amount of tuition, room and board, and other costs that a resident of Connecticut would pay at the University of Connecticut. Typically, costs are shared between parents. However, the proportion that each contributes depends on their respective finances.
Importantly, parents may agree on their own to spend more than the cap and share the cost.
Do Children Have to Attend the University of Connecticut?
Children can attend any college, but the amount parents must pay cannot exceed the costs of the University of Connecticut.
When Is Educational Support Requested?
Generally, if children are in their middle high school years at the time of the divorce, the court will award educational support as part of the divorce settlement. Where children are younger, the parents may negotiate educational support at a later date. If they cannot come to an agreement, one parent or both can petition the court for an educational support order.
Does Educational Support Terminate?
Orders for educational support end on a child’s 23rd birthday or when he or she earns a bachelor’s degree, whichever occurs first.
Can Educational Support Be Modified?
If educational support has been ordered but the circumstances of the parties have changed, for example, illness or loss of income by one party, the support order can be modified.
Paying for college is expensive so it’s important to know your rights and obligations under Connecticut law. Our attorneys have extensive experience negotiating and litigating child support issues, including responsibilities for higher education. Contact us for a consultation to learn how we can help you.
