What happens to college expenses in Connecticut divorce?

Going through a divorce brings up a whirlwind of questions, and for parents of teenagers, one of the biggest is: "What about college?" It’s a major financial concern, and the uncertainty can be stressful. In Connecticut, the answer is unique. Unlike most states, Connecticut law specifically allows judges to order parents to contribute to their children's college expenses even after they turn 18.

This is handled through something called an educational support order. However, it's not an automatic guarantee. The court has to follow a specific set of rules and consider many factors before it can require a parent to help pay for college. The most important thing to know is that if you want the court to have the power to address college costs, you must raise the issue during your divorce process.

This guide will walk you through everything you need to know about handling college expenses in a Connecticut divorce, from the specific laws that apply to the practical steps you need to take to protect your child's future education.

Understanding Educational Support Orders in Connecticut

In Connecticut, child support typically ends when a child turns 18 or graduates from high school, whichever is later, but no later than age 19. So, how does college fit in? The state addresses this with a special tool: the educational support order.

According to Connecticut General Statutes (C.G.S.) § 46b-56c(a), 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 career school."

Here are the key features of these orders:

Purpose: To help a child get a bachelor's degree or other vocational training.
Duration: The support can last for up to four full academic years.
Age Limit: The order applies to children who have not yet turned 23, and it automatically terminates when the child turns 23.

It's crucial to understand that this is not a continuation of regular child support. It's a separate legal obligation with its own set of rules and requirements.

Connecticut Law: The Requirements for a College Support Order

A judge can't simply decide to order parents to pay for college. The law, specifically C.G.S. § 46b-56c, sets out a two-step process.

Step 1: The "Intact Family" Finding

Before a court can even consider ordering college support, it must first make a critical finding. The law requires the court to find "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 career school if the family were intact" (C.G.S. § 46b-56c(c)).

This is the gateway test. If the court doesn't believe you and your spouse would have helped pay for college had you stayed married, it cannot issue an educational support order. You will need to present evidence to support this, such as testimony about past conversations, college savings accounts you started, or your own educational backgrounds.

Step 2: Considering the Relevant Circumstances

If the court makes the "intact family" finding, it then moves to the second step: deciding whether to enter an order and for how much. To do this, the judge must consider all relevant circumstances, including these specific factors listed in the statute:

The parents' finances: The court will look at each parent's "income, assets and other obligations, including obligations to other dependents." This is why accurate financial statements are so important (Practice Book § 25-30).
The child's finances: The court considers "the child's need for support... considering the child's assets and the child's ability to earn income."
Financial Aid: The court will factor in "the availability of financial aid from other sources, including grants and loans."
Reasonableness of the School: The judge evaluates "the reasonableness of the higher education to be funded considering the child's academic record and the financial resources available."
The Child's Commitment: The court looks at "the child's preparation for, aptitude for and commitment to higher education."
The School Itself: The court will consider "evidence, if any, of the institution of higher education or private career school the child would attend."

The court weighs all these factors to arrive at a decision that it believes is fair and equitable under the circumstances.

Critical Warning: Timing is Everything

Perhaps the most important rule regarding college expenses in a Connecticut divorce is about timing. C.G.S. § 46b-56c(b)(1) is very clear: a court can only enter an educational support order "at the time of entry of a decree of dissolution, legal separation or annulment."

If you do not ask for an educational support order during your divorce, you lose the right to ever ask for one in the future. The only exception is if your final divorce decree "explicitly provides that a motion or petition for an educational support order may be filed by either parent at a subsequent date."

If you have a young child and college seems far away, it is essential to ensure your divorce agreement reserves the court's jurisdiction to address this issue later. If you don't, the door closes forever once your divorce is final.

What Can a College Support Order Cover?

If a court does issue an educational support order, what expenses can it include? The law is specific. C.G.S. § 46b-56c(g) states the order can cover:

Room and board
Tuition
Dues and fees
Registration and application costs
Books
Medical insurance

The "UConn Cap" Limitation

There is a significant financial limit on court-ordered college support. The total amount a parent can be ordered to pay "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" (C.G.S. § 46b-56c(g)).

This is often called the "UConn Cap." It means that even if your child attends an expensive private university, a judge can only order you and your ex-spouse to contribute up to the amount it would cost for tuition, room, board, and fees at UConn for that academic year.

Important Note: Parents can, and often do, agree to contribute more than the UConn Cap. If you and your spouse create a written agreement to pay for a private college or exceed the cap in other ways, and the court approves it as part of your divorce decree, that agreement is fully enforceable (C.G.S. § 46b-66).

The Child's Responsibilities

An educational support order isn't a blank check. The child also has obligations they must meet to continue receiving support. Under C.G.S. § 46b-56c(f), the child must:

Enroll in an accredited college or vocational school.
Actively pursue a course of study that constitutes at least a half-time course load.
Maintain good academic standing in accordance with the school's rules.
Make all academic records available to both parents.

If the child fails to meet these conditions, the educational support order "shall be suspended after any academic period during which the child fails to comply."

Frequently Asked Questions about College Expenses in a CT Divorce

Navigating the issue of college expenses in a Connecticut divorce can be confusing. Here are answers to some common questions.

1. Can my child sue me for college support in Connecticut?

No. The law is explicit on this point. C.G.S. § 46b-56c(j) states, "This section does not create a right of action by a child for parental support for higher education." Only a parent can ask the court for an educational support order.

2. What if we didn't address college costs in our original divorce decree?

This is a difficult situation. If your divorce was finalized and your decree does not include an educational support order or language that specifically reserves the court's right to make one later, you cannot go back to court to ask for one. This is why it is absolutely critical to address the issue during the initial divorce process.

3. Does an educational support order cover graduate school?

No. The statute limits these orders to undergraduate studies. C.G.S. § 46b-56c(k) clarifies that an educational support order "does not include support for graduate or postgraduate education beyond a bachelor's degree."

4. What happens if my child takes a semester off or gets bad grades?

The child has a responsibility to maintain good academic standing and be enrolled at least half-time. If they fail to do so, the paying parent can file a motion with the court to suspend the support order. The order is not automatically terminated, but suspended, meaning it could potentially be reinstated if the child re-enrolls and meets the conditions again.

5. Can we agree to pay for a private college that costs more than the UConn Cap?

Yes, absolutely. The UConn Cap is a limit on what a judge can order when parents disagree. Parents are always free to create their own binding agreement to pay for college expenses that exceed the cap. This agreement should be in writing and incorporated into your divorce decree to be enforceable.

6. How are the payments actually made?

The court has flexibility. C.G.S. § 46b-56c(h) allows the court to direct payments to be made "(1) to a parent to be forwarded to the institution... (2) directly to the institution or school, or (3) otherwise as the court determines to be appropriate." Many parents prefer to pay the school directly to ensure the funds are used as intended.

7. Can an educational support order be changed later?

Yes. An educational support order can be modified or enforced just like any other support order (C.G.S. § 46b-56c(i)). To get a modification, a parent typically needs to show a "substantial change in circumstances" since the last order was made, such as a significant change in income for either parent (C.G.S. § 46b-86).

Getting Help

The laws surrounding college expenses in a Connecticut divorce are complex and have strict deadlines. The decisions you make during your divorce process can have a financial impact that lasts for years.

Consult an Attorney: It is highly recommended that you speak with an experienced Connecticut family law attorney. They can help you understand your rights and obligations, ensure the issue is properly addressed in your divorce proceedings, and help you negotiate a fair agreement.
Consider Mediation: If you and your spouse are able to communicate effectively, mediation can be a great way to create a customized college funding plan that works for your family. A mediator can help you explore options beyond what a court might order.

Conclusion

Planning for college expenses is a major part of parenting, and it doesn't stop when a marriage ends. Connecticut law provides a unique path for parents to share this responsibility through educational support orders.

Remember the most important takeaways:

A judge can only order college support if they find the parents would have paid for it if they had stayed married.
You must ask for an educational support order or reserve the right to do so in your final divorce decree.
A court-ordered contribution is capped at the cost of attending UConn, but you and your spouse can agree to more.

By understanding the law and taking proactive steps during your divorce process, you can create a clear and predictable plan for your child's higher education, allowing everyone to move forward with confidence.