In Connecticut, court-ordered child support normally ends when a child turns 18. However, there may be situations when a judge instructs one or both parents to provide financial support after this time.
Under Connecticut General Statutes § 46b-56c, the court can issue something called an educational support order during a divorce or separation hearing. This requires a parent to financially support a child while they attend an institution of higher education or a private occupational school.
Learn more about educational support orders in Connecticut and why you should work with a reputable and experienced divorce attorney.
What Is an Educational Support Order in Connecticut?
An educational support order is a court order that requires a parent to provide financial support for a child to attend a higher education institution or a private career school for up to four full academic years. The child must be studying for a bachelor’s or other undergraduate degree or other appropriate vocational instruction.
For a judge to consider a request for an educational support order, the child must be under 23 years of age. Any order granted will end on the child’s 23rd birthday. Either parent can file an application for an order with the court at the time of a divorce, separation, or annulment.
After a judge enters an educational support order, your child must meet specific conditions. Otherwise, the court can suspend the order. These conditions include attending school for at least half of the time, sharing academic records with both parents, and maintaining good academic performance.
This order can provide financial support for various postsecondary expenses, including tuition, accommodation, and books and college support materials.
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When Is an Educational Support Order Needed?
In some divorce or separation cases, parents may be able to negotiate an agreement for financially supporting a child during their postsecondary education. However, when parents can’t come to an agreement, one or both might ask the court to issue an educational support order.
This type of court order may be necessary when one parent is unwilling to cover or contribute to a child’s school expenses. Other times, a parent may apply for an order so expenses can be shared fairly between both parties.
When Is an Educational Support Order Granted?
A judge may issue an educational support order if they believe it’s more likely than not that a parent would have paid postsecondary educational costs if dissolution proceedings didn’t happen. However, they must also consider all circumstances before making a decision, including parental income, the child’s financial requirements, and whether financial aid is available.
This is where things get tricky. Like all court orders, a judge gets to make the final decision. Each case is unique, so you’ll want to work with a reputable Connecticut divorce attorney to get the best possible outcome — whether you’re applying for or receiving an educational support order.
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Alternatives to an Educational Support Order
There may still be time for you and your ex-partner to resolve issues about your child’s postsecondary education without a court order. For example, you might be willing to go through mediation, which is a type of conflict resolution where you and your ex engage in an open conversation.
Mediation isn’t for everyone. However, with the help of an attorney, you could agree on your child’s educational expenses and decide who pays for what without a judge getting involved.
This alternative to court can also help you discuss other issues surrounding your divorce or separation, including the conditions of your breakup.
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Why Work With a Connecticut Divorce Attorney?
If your ex-partner asks a judge to consider an educational support order, you may not know what to do next. An experienced attorney can guide you through this legal process and help you understand your rights and responsibilities. The right professional will review the proposed order, evaluate your financial situation, fill in important documents, and prepare arguments about college support on your behalf.
You may want to file an application for an educational support order if your child is pursuing postsecondary education and need financial help from your ex-partner. In this situation, a good attorney can explain your options, file your motion, present evidence on your behalf, and more.
How Rich Rochlin Helps
As you can see, educational support orders can be complicated. Whether you’re applying for or receiving an order, you need an attorney to help you get the best possible outcome for you and your child.
Rich Rochlin understands that every Connecticut divorce and separation case is different. With years of experience, our law firm can support you every step of the way during this difficult time and make things less stressful. We can also help with other aspects of family and divorce law, including alimony, child support, child custody, and property division.
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