Connecticut Law Revision Commission
Educational Support Orders
Draft
December 27, 2001
Prepared by David L. Hemond
(a) An educational support order under this section requires parents to provide support for their child or children to attend an institution of higher education for the purpose of attaining a bachelors degree, other undergraduate degree, or other appropriate vocational instruction. On motion or petition of a parent, the court may enter an educational support order at the time of entering an order pursuant to section 46b-84 or 46b-171 or pursuant to a similar support provision, or at any time thereafter. Such an order may be entered for any child who has not yet attained the age of twenty-three but the order for support for that child must terminate no later than the date on which the child attains the age of twenty-three or, if that birthday occurs during the academic year, the end of that academic year. The provisions of this section apply only in cases where the initial order for parental support of the child is entered on or after the effective date of this act.
(b) In determining whether to enter an educational support order, the court shall consider all relevant circumstances including:
(1) the parents standard of living, resources, and other obligations;
(2) the childs resources and the childs need for support to attend an institution of higher education, taking into account the childs assets and the childs ability to earn income;
(3) the availability or likely availability of financial aid from other resources, including grants and loans;
(4) the reasonableness of the higher education to be supported in the light of the childs ability and the totality of the resources available;
(5) the likelihood that the parents would have provided support for higher education if the family were intact; and
(6) the childs preparation, aptitude for, and commitment to higher education.
(c) To qualify for payments due under an educational support order, the child must enroll in an accredited academic or vocational institution of higher education, actively pursue a course of study commensurate with the childs vocational goals that constitutes at least one-half the course load determined by that institution to constitute full-time enrollment, maintain good academic standing in accordance with the rules of the institution, and make available all academic records to both parents during the term of the order. The order shall be automatically suspended during any period that the child fails to comply with these conditions.
(d) The educational support order may include support for any necessary education expenses including room, board, dues, tuition, books, fees, registration and application costs, medical expenses including medical insurance, dental expenses, and living expenses.
(e) The court may direct that payments under an educational support order be made (1) to a parent to be forwarded to the educational institution, (2) directly to the educational institution or other entity due payment, (3) in the case of living expenses, to the child, or (4) otherwise as the court determines to be appropriate.
(f) On motion or petition of a parent, an educational support order may be modified or enforced in the same manner as a support order entered pursuant to section 46b-84 or 46b-171.
(g) This section does not create a private right of action for a child for parental support for higher education from that childs parent.
(h) An education support order under this section does not include support for graduate or post-graduate education beyond a baccalaureate degree.
(i) For purposes of this section, "court" includes a family support magistrate.