Post-Majority Education Support Claim Exceeds Statutory Limits
by
Joseph C. Maya on May. 05, 2017
Divorce & Family Law Divorce & Family Law Child Support Other Education
Summary: Blog post about the obligations of divorced parents to pay for a child's college expenses.
If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com
A trial court did not comply with Connecticut statutory requirements under Conn. Gen. Stat. § 46b-56c in entering an educational support order that exceeded the scope of permissible expenses set forth as a matter of law.
The court dissolved the parties’ twenty year marriage on March 26, 2012. Upon dissolution, the parties had two minor children, aged sixteen and twelve. A separation agreement was incorporated allocated equal custody of the children to the parents. The agreement further provided that the court would retain jurisdiction “for purposes of post-majority education support pursuant to [state statute].” On September 6, 2013, the plaintiff filed a motion for the defendant’s contribution toward college expenses. The plaintiff father alleged that the parties’ son was enrolled at a university in Texas, and that the defendant had failed to make any contributions toward tuition. The defendant argued that post-majority education support was improper, because it exceeded the maximum amount allotted by statute, while implementing extraneous expenses incurred by the plaintiff when transporting their son to school.
On appeal, the court rejected arguments by the plaintiff that the statutory limits did not apply because they were not incorporated in the provision of the separation agreement. The court notes that the laws on post-majority support reflect public policy concerns that divorced parents could be ordered to contribute to the higher education to increase the academic and employment opportunities for Connecticut residents. However, this concern balances this mandate in costs with reasonable limitations. In specific, the statutory duration for college support is limited to four years, with expenses that cannot exceed the amount charged by the University of Connecticut. To grant the plaintiff’s interpretation of the statutory language would broaden the scope of educational expenses to include any costs in any way connected with the child’s college education.
For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.
Source: Barbour v. Barbour, 113 A.3d 77 ; 2015 Conn. App. LEXIS 129 (April 7, 2015)
