Connecticut Educational Support Orders: Paying for College After Divorce (C.G.S. 46b-56c)

For parents navigating a divorce in Connecticut, the future is filled with uncertainty. While immediate concerns like child custody and property division are top of mind, a critical question looms for those with children approaching adulthood: Who pays for college? In most states, a parent's legal financial obligation ends when a child turns 18. Connecticut, however, is a notable exception.

Under a unique and powerful state law, Connecticut General Statutes § 46b-56c, judges have the authority to order parents to contribute to their children's college or vocational school expenses well past the age of majority. This is known as an Educational Support Order.

Understanding this law is crucial for any divorcing parent in Connecticut. Whether you anticipate seeking contributions for your child's education or are concerned about being ordered to pay, this comprehensive guide will demystify the process. We will explore the legal framework, the specific criteria a judge must consider, the financial limits of an order, and the obligations your child must meet to qualify.

This article will provide a deep dive into:

What an Educational Support Order is and why it's unique to Connecticut.
The two ways an order can be established: by agreement or by court ruling.
The four mandatory legal findings a judge must make before issuing an order.
The famous "UConn Cap" and how it limits parental contributions.
The specific responsibilities and requirements placed on the college-bound child.
The procedural steps for requesting or modifying an order.

Navigating the issue of paying for college after divorce in CT requires a clear understanding of your rights and obligations. This guide will provide the authoritative information you need.

What is an Educational Support Order in Connecticut? (C.G.S. 46b-56c)

An Educational Support Order is a legally binding court order that requires one or both parents to provide financial support for a child's post-secondary education. This can include expenses for a four-year college, a two-year associate's degree program, or a vocational training program.

This form of post-majority support in CT is a significant departure from the standard child support model. Regular child support in Connecticut typically terminates when a child reaches the age of 18, or 19 if they are still enrolled full-time in high school. An Educational Support Order extends a parent's financial duty, potentially until the child's 23rd birthday.

The purpose of C.G.S. 46b-56c is rooted in public policy. The Connecticut legislature recognized that a divorce can create a significant financial disruption that might prevent a capable child from pursuing higher education—an opportunity they likely would have had if their parents had remained married. The statute aims to mitigate this disadvantage by empowering judges to ensure children of divorced parents have access to the same educational opportunities as their peers from intact families.

It is not an automatic extension of child support. It is a separate, distinct order that must be specifically requested and justified based on a strict set of legal criteria.

The Two Pathways to an Educational Support Order

There are two distinct ways an Educational Support Order can be created in Connecticut: through a voluntary agreement or through a contested court hearing.

Pathway 1: By Agreement of the Parents

The most common and often smoothest path is for parents to negotiate and agree on the terms of college support themselves. This agreement is then written into their official Separation Agreement, which is submitted to the court and becomes a binding order upon the finalization of the divorce.

Advantages of Reaching an Agreement:

Control and Flexibility: Parents can tailor the agreement to their specific family situation and financial realities. They are not bound by the strict limitations of the statute.
Exceeding the "UConn Cap": If parents agree, they can commit to paying for a private or out-of-state university that costs more than the statutory cap (more on this below).
Clarity and Predictability: A well-drafted agreement defines each parent's contribution, specifies what expenses are covered (e.g., tuition, housing, books, travel), and sets clear expectations for the child.
Reduced Conflict: Negotiating a solution avoids the cost, stress, and uncertainty of leaving the decision to a judge.

When creating an agreement, it's vital to be specific. A vague clause like "the parents will contribute to college as they are able" is a recipe for future conflict. A strong agreement will detail percentages, payment methods, and conditions the child must meet.

Pathway 2: By Court Order After a Hearing

If parents cannot agree, one parent can file a motion asking a judge to issue an Educational Support Order. This turns the issue into a contested matter that will be decided in court. When this happens, the judge is strictly bound by the criteria laid out in C.G.S. 46b-56c.

A judge cannot simply decide that ordering college support seems fair. Before a judge can issue a contested educational support order in Connecticut, they must hold a hearing and make four specific, affirmative findings on the record. If even one of these findings cannot be made, the judge cannot issue the order.

The Four Crucial Findings a Judge MUST Make

For a judge to compel a parent to contribute to college costs, they must listen to evidence and testimony and then explicitly state that the following four conditions have been met.

Finding 1: The Parents Would Have Provided Support if the Family Remained Intact

The court must find 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."

This is a speculative but critical inquiry. The judge is trying to determine the family's values and intentions regarding education before the divorce. Evidence to support this finding can include:

The parents' own educational backgrounds: Parents who hold college or advanced degrees are often presumed to have intended the same for their children.
Establishment of college savings: The existence of a 529 plan, Coverdell ESA, or other savings vehicle created for the child's education is powerful evidence.
Family history: A tradition of attending college within the extended family can be a contributing factor.
Statements made by the parents: Any communication (emails, texts, or testimony) where a parent expressed an intention to pay for college can be used.
The academic performance of the child: If the child has always been on a college track, it strengthens the argument that the parents would have supported that path.

A parent contesting the order might argue that they never intended to pay for college, perhaps due to a belief in the child paying their own way or a lack of financial planning for it.

Finding 2: The Child's Commitment and Aptitude

The financial obligation is not a one-way street. The child has a statutory duty to be a committed and responsible student. The court must find that the child is actively pursuing their education. This requires that the child:

Enroll in an accredited institution of higher education or a private occupational school.
Remain in "good standing" with the institution, which is typically defined as maintaining the minimum GPA required to avoid academic probation (often a 2.0 or "C" average).
Make academic records available to both parents upon request.

A child who fails classes, is placed on academic probation, or refuses to share their grades with the paying parent is in jeopardy of having their educational support suspended or terminated. This provision ensures that a parent is not forced to fund a child's education if the child is not taking it seriously.

Finding 3: The Financial Ability of Each Parent

A judge cannot order a parent to pay what they cannot afford. The court must carefully consider the financial circumstances of both parents. This involves a thorough review of each parent's sworn Financial Affidavit (Form JD-FM-6), which details their:

Income from all sources
Assets (real estate, bank accounts, investments, retirement funds)
Debts and liabilities
Reasonable living expenses
Earning capacity (what they could be earning if underemployed)

The court will also consider other obligations, such as support for other children. An educational support order in Connecticut will not be issued if it would be inequitable or impose an undue financial hardship on a parent.

Finding 4: The Availability of Financial Aid

The law presumes that the child will take an active role in financing their own education. The court must consider the availability of financial aid. This means the child has an obligation to:

Diligently apply for all available student financial aid, including grants, scholarships, and work-study programs.
Cooperate in the application process, which includes completing the Free Application for Federal Student Aid (FAFSA). A noncustodial parent's refusal to provide information for the FAFSA can be viewed negatively by the court.

The court will factor in any grants or scholarships the child receives, reducing the total cost that parents may be ordered to cover. Student loans are also part of this equation and are often considered the child's contribution to their own educational costs. A child's failure to make a good-faith effort to secure financial aid can be grounds for a judge to deny the request for an order.

The "UConn Cap": Understanding the Limits on Cost

Perhaps the most well-known feature of C.G.S. 46b-56c is the financial limitation it places on court-ordered support. A judge cannot order parents to pay an unlimited amount for college.

The statute explicitly states that the total amount of the educational support order shall not exceed the amount charged by the University of Connecticut for a full-time, in-state student. This is commonly referred to as the "UConn Cap."

This cap includes the cost of:

Tuition
Mandatory fees
Room and board (for on-campus housing)

For the 2023-2024 academic year, this amount was approximately $33,500. This figure is adjusted annually, so it's important to check the current costs.

Crucial Points about the UConn Cap:

It's a Ceiling, Not a Floor: The judge is not required to order the full UConn amount. The final order will be based on the parents' ability to pay and other factors.
It Applies to the Total Order: The cap is the maximum combined amount the parents can be ordered to pay. For example, if the cap is $34,000, the judge might order one parent to pay $20,000 and the other to pay $14,000, but the total cannot exceed $34,000.
It Applies Regardless of Where the Child Attends: If a child chooses to attend a private university that costs $70,000 per year, a judge can still only order the parents to contribute up to the UConn Cap amount for that year. The remaining balance is the responsibility of the child and/or parents (if they voluntarily choose to pay more).
The Exception is Agreement: As mentioned earlier, parents can voluntarily agree in their Separation Agreement to waive the UConn Cap and contribute to the full cost of a more expensive school. The cap only applies to orders made by a judge after a contested hearing.

How is the Educational Support Order Calculated and Paid?

If a judge decides to issue an order, the calculation process generally follows these steps:

Determine the Total Cost: The court starts with the actual cost of the child's chosen school for tuition, fees, room, and board.
Apply the UConn Cap: If the actual cost exceeds the UConn Cap, the court uses the UConn Cap amount as the maximum potential cost to be allocated.
Subtract Financial Aid: The court subtracts any grants and scholarships the child has received. Student loans are typically treated as the child's contribution.
Allocate the Remainder: The remaining amount is then allocated between the parents based on their respective financial capacities. This is not a rigid formula like the child support guidelines but rather an equitable division based on the judge's assessment of their income, assets, and ability to pay. The court can also order the child to be responsible for a portion of the cost.

The final order will specify the exact amount each parent must pay and the payment logistics—whether payments are made directly to the educational institution, to the other parent, or to the child.

Procedural Steps: How and When to Request an Order

Timing is critical when it comes to CT divorce college tuition issues.

During the Initial Divorce Proceedings

The best time to address college support is during the divorce itself. The request for a future Educational Support Order should be included in the initial Divorce Complaint (or Cross-Complaint). This puts the issue formally before the court. From there, it can be negotiated as part of the overall Separation Agreement.

If you are the parent likely to receive support, it is vital to ensure your final divorce decree includes language that either: a) Sets forth a specific agreement on college costs, or b) Explicitly states that the court retains jurisdiction to enter an Educational Support Order in the future pursuant to C.G.S. 46b-56c.

Without this language, it can be much more difficult to seek an order years later.

After the Divorce is Final (Post-Judgment)

If your divorce decree is silent on the issue but your children were young at the time, you can still seek an order. A parent can file a Motion for an Educational Support Order with the court after the divorce is final, as long as the child has not yet turned 23.

The court will schedule a hearing, and the parent requesting the order will have the burden of proving that all four of the statutory criteria (discussed above) are met. The other parent will have the opportunity to present evidence to contest the order.

Modifying or Terminating an Order

An Educational Support Order is not set in stone. It can be modified (increased, decreased, suspended, or terminated) if there is a substantial change in circumstances. Common reasons for modification include:

A significant, involuntary decrease in a parent's income (e.g., job loss).
A significant increase in a parent's income.
The child losing "good standing" at their school.
The child receiving a large, unexpected scholarship.
The child failing to provide academic records to a parent.

Summary and Key Takeaways

Navigating the financial aspects of paying for college after divorce in CT is a complex but manageable process if you understand the law.

Here are the most important points to remember:

Connecticut is Unique: Unlike most states, CT law allows judges to order parents to pay for college expenses for children up to age 23.
Agreement is Best: The most effective way to handle college costs is through a detailed, voluntary agreement in your divorce settlement.
The Four Findings are Mandatory: In a contested case, a judge must find that the parents would have paid for college, the child is a committed student, the parents can afford it, and financial aid has been considered.
The UConn Cap is Law: A judge cannot order parents to pay more than the cost of an in-state student at the University of Connecticut unless the parents agree to do so.
The Child Has Obligations: The child must maintain good grades, stay enrolled, and cooperate with financial aid applications to remain eligible for support.
Act Proactively: Address the issue during your divorce. If you must seek an order later, be prepared to present evidence on all four statutory factors.

The question of college support is one of the most significant long-term financial issues in a Connecticut divorce. It requires foresight, careful negotiation, and a deep understanding of the legal landscape.