
October 24, 2002 |
2002-R-0811 | |
POST-MAJORITY EDUCATIONAL SUPPORT | ||
By: Susan Price-Livingston, Associate Attorney | ||
You asked for an update of OLR Report 2002-0101 "Post-Majority Child Support Laws. " You wanted to know whether any states other than Connecticut have passed similar legislation or ruled on the constitutionality of existing post-majority educational support laws.
Our earlier report covered the period up to the 2002 legislative sessions. We identified 15 states that permit courts to extend divorced parents' support obligations when their child enrolls in specified educational or vocational programs after high school. Some do this by statute, while others impose the obligation because of court decisions. And we identified five state supreme courts that resolved constitutional challenges to post-majority support orders. All of the courts except Pennsylvania upheld their laws.
Natalie O'Donnell from the National Conference of State Legislatures' (NCSL) Child Support Project, reports that no state, other than Connecticut, enacted comprehensive post-majority support legislation in 2002. Iowa amended its existing law, requiring ex-spouses to notify the payor of college support (i. e. , the former spouse) when a stepparent files a petition to adopt the student (HF 2395, Chapter 1018). NCSL has recently updated its 50-state survey on post-majority educational support laws; we enclose a copy.
We found two more state supreme court rulings, one in Missouri and the other in Oregon, upholding the constitutionality of those states' educational support laws. We enclose copies of the court decisions (In re Kohring, 999 S. W. 2d 228 (Mo. 1999); Marriage of Crocker, 332 Or. 42 (2001)).
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