Paying for College

Paying for a child’s college education is a significant concern for divorcing parents, especially as the cost of higher education continues to rise.  Connecticut courts have the authority to order divorcing parents to contribute to their child’s post-secondary education expenses through what is known as an “educational support order.” Understanding how these orders work and the factors courts consider can help parents plan for their child’s future.

What is an Educational Support Order?

An educational support order is a court order that can require one or both parents to contribute to a child’s college or post-secondary education expenses (including trade school), even after the child reaches the age of majority (18). The authority for these orders comes from Connecticut General Statutes § 46b-56c, which governs the ability of the court to assign parental financial responsibilities for higher education after divorce.

Educational support orders typically cover reasonable and necessary educational expenses, which can include:

• Tuition
• Room and board
• Books and supplies
• Fees related to school activities and enrollment

Educational support orders cannot cover other expenses your children may incur, such as cell phone costs, travel costs to and from school, automobile loans, purchases, or insurance, or commuting costs for children who continue to live at home.

When Can the Court Issue an Educational Support Order?

Connecticut law allows the Court to issue an educational support order when one or both parents request it, or when the Court deems it appropriate in the course of a dissolution. However, the Court cannot automatically require parents to pay for college.  First, the Court must make a finding that, had the parties remained an intact family, they would have contributed to the costs of their children’s post-secondary education.   This finding can be made by a judge at trial or by express agreement of the parties in their settlement.  After reaching that conclusion, the Court still has additional criteria to evaluate factors before making such an order, including the child’s needs and academic performance, and the parents’ income, assets, and financial capabilities.

How Much and For How Long Do Divorcing Parents Have to Pay for College? 

There are limits to what the Court can require under an educational support order. According to Connecticut General Statutes § 46b-56c, a parent’s obligation to contribute to college expenses cannot exceed the cost of four full academic years of attending the University of Connecticut (UConn) full time, regardless of whether the child attends a more expensive private institution or an out-of-state school (this is commonly referred to as the “UConn Cap”).  A parent’s obligation to help pay for higher education ends when the child turns 23 or completes their undergraduate education, whichever comes first, unless the parties make an agreement otherwise. 

Voluntary Agreements Between Parents

Notwithstanding the statutory limits on what a Court can order parents to pay, in many cases, divorcing parents negotiate their own agreement regarding college.  Parents can agree that their obligation will end before or after age 23, that they will pay for more or less than the UConn Cap, and can even include graduate degree costs. This type of agreement can be incorporated into the divorce settlement or parenting plan and made legally binding.  A negotiated agreement can provide more flexibility than a Court-ordered educational support order, allowing parents to tailor the arrangement to their specific financial circumstances and goals for their child’s education.

Do My Children Have Any Obligation?

The short answer is Yes!  Even after an educational support order is entered, your child must comply with certain requirements to qualify for the payments.  They must involve both parents in the decision-making process, attend an accredited institution of higher education, take at least a half-time load of credits, maintain good academic standing, and make all academic records available to both parents.

Who Can Enforce or Modify an Educational Support Obligation?

Either parent may bring a motion to enforce or modify an educational support order in the same manner as any other order of support, like child support or alimony.   However, the statute expressly states that children cannot seek to enforce the order on their own.  

Why It’s Important to Address College Expenses in Divorce

Planning for college expenses during your divorce can prevent future disputes and ensure that your child has the financial support they need to pursue higher education that your family can sustain.  Addressing these concerns during the divorce process, whether through a court order or a negotiated agreement, provides clarity for both parents and sets clear expectations moving forward.

Contact me today to discuss how Connecticut’s college payment laws may impact your divorce and how you can protect your financial interests while striving to ensure your child’s educational future.