You asked if courts can order recently-divorced parents to pay their child's college costs when that obligation is not included in the final divorce decree.

A 2002 law allows courts to order ex-spouses to pay college costs only when their divorce decree explicitly provides that either parent may file a motion or petition for an educational support order at a later date. And courts cannot issue divorce decrees when the couple has a child under age 23 that does not contain such a provision unless the judge determines that both parents fully understand this (PA 02-128, codified at CGS § 46b-56c(b)(1)).

We enclose copies of the law and OLR Report 2002-R-0845, which describes the educational support law in greater detail.

SP: dw