When parents divorce, ensuring their children will still receive a high-quality education is often a priority. Speak to an experienced lawyer about child support and educational expenses in New Canaan.
Our seasoned child support attorneys can help you develop a plan to support your children’s educational goals and aspirations.
New Canaan families often send their children to private schools, and tuition can be included in a child support order. Judges make all decisions about children based on their best interests, and courts try to minimize disruptions to the children’s lives as much as possible. If a child has been attending private school or is planning to attend, a child support order may include those expenses if the paying parent has sufficient resources.
Parents are encouraged to create a parenting plan together, including provisions for child support, and submit it to the court for approval. A family law attorney can help a parent negotiate a reasonable child support order that allows them to pursue their education in the same environment they would have if the divorce did not occur.
Parents must support their children financially until they turn 18 or graduate high school, whichever comes later. A parent is usually not obligated to support a child who has turned 19, even if they have not graduated high school unless the child has a disability, which could extend the support obligation.
When a child wants to further their education past high school, Connecticut General Statutes § 46b-56c allows a judge to impose an education support order that requires parents to contribute to the costs of post-secondary education. These orders can apply to children 18 and older and terminate when the child turns 23.
An educational support order covers the cost of post-secondary education, including professional or vocational school. It can cover tuition, books, equipment, room and board, and medical insurance. However, it does not cover education beyond a bachelor’s degree.
When a judge considers granting an educational support order in a divorce settlement, they first determine whether the parents were likely to have paid for post-secondary education if they were still married. If so, the court considers factors like the parents’ incomes and debts, the availability of financial aid for the student, and the student’s educational choices and aptitude, if known, when deciding how much support to order.
The law says that the order cannot require a parent to pay more than the University of Connecticut charges to resident students. Parents can negotiate a higher payment if the child chooses to study at a more expensive institution. The child has obligations to continue receiving educational support, including maintaining enrollment and sharing their grades with both parents.
Either parent can ask for an educational support order during the divorce. A parent can also waive the right to request an educational support order, but the judge must explain the implications of the waiver before accepting it.
Once the divorce settlement is complete, a parent cannot request an educational support order unless the settlement agreement explicitly allows it. Working with a child support lawyer in New Canaan can ensure a parent knows their rights and obligations regarding educational support orders.
The costs of private schools and higher education continue to soar. If you do not arrange for the expense when you divorce, your child’s options may be limited.
In some circumstances, a divorce order in New Canaan can cover child support and education expenses. Speak with a compassionate family law attorney to ensure your order is fair while meeting your child’s needs.
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