Alimony: Court Orders Father to Pay College Tuition Up to Full UCONN Cap
by
Joseph C. Maya on Mar. 20, 2024
Summary: A Connecticut Appellate Court decision emphasizes the importance of formulating clear and unambiguous language when crafting an alimony agreement regarding the payment of college expenses under Connecticut General Statutes §46b-56. In Loso v. Loso, 132 Conn. App. 257 (2011), the parties entered into a post-judgment agreement pursuant to which the defendant is obligated “to pay for one-half the cost of [his daughter’s] college educational expenses for a four year degree net of scholarships or grants subject to the limitation that said cost shall not exceed the tuition for a full-time residential student at UCONN-Storrs.”
Plaintiff Filed Motion
The Plaintiff subsequently filed a motion for contempt, alleging that the defendant was obligated to pay one-half the cost of their daughter’s fall 2010 semester at Sacred Heart University, which included charges for a meal plan, health insurance, recreation and athletic fees, housing and tuition. The defendant contended that his obligation was capped at one-half the tuition for a full-time residential student at UCONN Storrs.
After reviewing the plain language of the agreement, however, the Court held that the defendant was indeed responsible for one-half of the daughter’s educational expenses- not just tuition- but further held that his obligation was capped at the full amount of tuition for a student at UCONN Storrs, not one-half. It appears this issue could have been avoided altogether had the defendant specified that he would pay one-half of the college expenses up to one-half the amount charged by the University of Connecticut for a full-time residential student.
Case Importance
Once again, this case illustrates the importance of drafting clear and unambiguous language when crafting a provision regarding the payment of college expenses to ensure that the agreement accurately reflects the parties’ intentions. This is particularly true when a child will be attending an institution which costs more than the University of Connecticut, as a party could be ordered to pay well in excess of the expected amount.
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