How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RayAnswers Your Own Question

RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29269
Experience:  29 years as a family law lawyer .
Type Your Family Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

Is it likely that a court will order a father to pay for the

Customer Question

Is it likely that a court will order a father to pay for the college expenses of his daughter of 18, where there was no agreement on which college to attend, the father continually made it known that his debt load did not allow him the ability to afford this expense, his wife is not working and expecting twins by 2010, there was never an order entered for college expenses but rather the court reserved jurisdiction to decide.
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question. The court will order support here in some amount here up to age 21. How much depends on your income, number of dependents here, etc. The support woudl be expected to defray a portion fo the costs of college here

But expect to pay some thing here no doubt. They will not consider your debt load here but look at income dependents, etc. Sine the twins aren't born yet they won''t be factored in unitl 2010 here. So they may well set it high and oyu have to return for recalculation once they are born.

Please don't take the wrong way but your wife will need a job here or you will need a second one. This will not end well for you as they will award continued support here in NY. Sorry I wish I could tell you differently..
Expert:  RayAnswers replied 5 years ago.
Thanks for your question. The court will order support here in some amount here up to age 21. How much depends on your income, number of dependents here, etc. The support would be expected to defray a portion of the costs of college here<br /><br />But expect to pay some thing here no doubt. They will not consider your debt load here but look at income dependents, etc. Sine the twins aren't born yet they won't be factored in until 2010 here. So they may well set it high and you have to return for recalculation once they are born.<br /><br />Please don't take the wrong way but your wife will need a job here or you will need a second one. This will not end well for you as they will award continued support here in NY. Sorry I wish I could tell you differently..I want to be honest with you here
Customer: replied 5 years ago.
I'm sorry, this case is in Hartford, CT. Does that change your response at all?
Expert:  RayAnswers replied 5 years ago.
That is great news for you.. If Connecticut courts set this here then Connectict law applies and no duty to pay past high school graduation. Different state/dfiiferent age.

Here's reference..

"The age of majority in Connecticut is 18 except in cases where decree of dissolution of marriage, legal separation or annulment is entered on or after July 1, 1994 in accordance with CGS Sec. 46b-84, support continues for unmarried children residing with a parent until completion of 12th grade or the age of nineteen, whichever first occurs. CGS §17b-745, 46b-171, 46b-172 and 46b-215 amended October 1, 2004, extends the support liability of parents who are subject to the provisions of these statutes to age 19 for unmarried children who remain full-time high school students."


As you can see no duty for college here so you would contest this if she si tryign to extend this as ther is no duty under the law and you should not agree to anything in terms of a ccntract here if you can't afford it. The judge here is bound by state law where the support case is filed ..
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29269
Experience: 29 years as a family law lawyer .
RayAnswers and 7 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

I wanted to double check that the reply I received was accurate. Upon further reading I found this writing on the College Education Support law passed in 2002 which is applicable in Connecticut. It states, "a divorce decree can require financial support for a child after the age of majority provided the child is a full-time student. These support payments are usually in the form of support towards a child's college education or other post-high school education programs. Arrangements for financial contribution toward a child's college education either can be part of the original divorce decree or can be decided on by the parents, or the court, later as the child approaches college age.

 

The circumstances surrounding this case are:

1. No agreement on payment prior to divorce decree or afterwards

2. Court reserved jurisdiction over this matter

3. Child has reached 18

4. Parent cannot afford additional expense

 

I'm probably not understanding the response correctly. Your clarification is much appreciated.

Expert:  RayAnswers replied 5 years ago.
You 're correct here that if the child is in college they can award some here. Sorry for the confusion. I am giving you the current law. You may need a lawyer here or otherwise negotiate some resolution here.

"

Educational support orders.
The court may order the parents to pay for college expenses for a child until the child reaches the age of 23. The court cannot order an award for college expenses if the parents don't agree to the award, unless the court finds that it's more likely than not that the parents would have paid for the child's college education had the parents stayed together.

In the divorce decree, the parties can agree to order college expenses or they can agree to allow for a petition for college expenses at a later date. If a support order for college expenses isn't entered at the time of the decree, and the parties don't agree in the decree that it can be ordered at a later date, a support order cannot be entered later.

An educational support order is an order requiring a parent to provide support for a child to attend for up to a total of four full academic years an institution of higher education or a private occupational school for the purpose of attaining a bachelor's or other undergraduate degree, or other appropriate vocational instruction. An educational support order may be entered with respect to any child who has not attained 23 years old, and shall terminate not later than the date on which the child attains 23 years old. An educational support order does not include support for graduate or postgraduate education beyond a bachelor's degree.

The court, in determining whether to enter an educational support order, shall consider all relevant circumstances, including:

(1) The parents' income, assets and other obligations, including obligations to other dependents;

(2) The child's need for support to attend an institution of higher education or private occupational school considering the child's assets and the child's ability to earn income;

(3) The availability of financial aid from other sources, including grants and loans;

(4) The reasonableness of the higher education to be funded considering the child's academic record and the financial resources available;

(5) The child's preparation for, aptitude for and commitment to higher education; and

(6) Evidence, if any, of the institution of higher education or private occupational school the child would attend.

To qualify for payments due under an educational support order, the child must

(1) enroll in an accredited institution of higher education or private occupational school, as defined in section 10a-22a,

(2) actively pursue a course of study commensurate with the child's vocational goals that constitutes at least one-half the course load determined by that institution or school to constitute full-time enrollment,

(3) maintain good academic standing in accordance with the rules of the institution or school, and

(4) make available all academic records to both parents during the term of the order. The order shall be suspended after any academic period during which the child fails to comply with these conditions.

The educational support order may include support for any necessary educational expense, including room, board, dues, tuition, fees, registration and application costs, but such expenses shall not be more than the amount charged by The University of Connecticut for a full-time in-state student at the time the child for whom educational support is being ordered matriculates, except this limit may be exceeded by agreement of the parents. An educational support order may also include the cost of books and medical insurance for such child.

This section does not create a right of action by a child for parental support for higher education. The provisions of this section shall apply only in cases when the initial order for parental support of the child is entered on or after October 1, 2002.

-From Sec. 46b-56c of the Connecticut Statutes."

 

Again sorry for the confusion here. You may be vulnerable under this change here. They woudl consider your new dependents here and your income as well. I hope you can come up with something that everybody can live with..

Customer: replied 5 years ago.
Thank you.
Expert:  RayAnswers replied 5 years ago.
You're welcome. I know that you are under a lot of stress here with babies on the way and college too.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney