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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7084
Experience:  Experienced Family Law Attorney
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How long do I have to pay child support and am I required BY

Customer Question

How long do I have to pay child support and am I required BY LAW to pay for college?
Submitted: 5 months ago.
Category: Family Law
Expert:  LegalGems replied 5 months ago.

What state is this in regards ***** *****? Is there a current child support order?

Customer: replied 5 months ago.
Connecticut.I have 4 boys. 22, 19 (in college) 16 and 10.Thank you for this
Expert:  LegalGems replied 5 months ago.

Certainly; is there a current child support order in place? And are there any written agreements re: tuition responsibilities (or child support during college)?

Customer: replied 5 months ago.
Can I get an answer to this please?
Expert:  LegalGems replied 5 months ago.

Yes, but it depends on whether there are any written agreements or current court orders? Or is this preliminary and nothing has been filed yet?

Expert:  LegalGems replied 5 months ago.

For example there are restrictions on orders in effect prior to 2002, so for the older children that can be an issue. However, for orders entered after 2002, the court may order separated/divorced parents to provide educational support (4 years of college) through age 23 IF the court finds that the parents would have provided tuition had they remained together:

After finding that the parents would have provided educational support had the family remained intact, the act requires courts to consider all relevant circumstances. These include:

1. the parents' income, assets, and other obligations, including obligations to other dependents;

2. the child's need for support to attend school, taking into account his own assets and earning capacity;

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 and aptitude for, and commitment to, higher education; and

6. any evidence about the school the child would attend.

There are limitations on the amount (capped at what UConn charges).

If the child does not attend college at least 1/2 time, then support ends when the child is 18 or graduates from high school (with a cap of age 19 for high school students).

Expert:  LegalGems replied 5 months ago.

Additionally, the original order must make the provision for college tuition, or reserve jurisdiction; it generally is not later modified to include college. While the order may include books and other educational expenses, it does not take into account food, entertainment costs, etc.

Expert:  LegalGems replied 5 months ago.

To qualify for educational support payments, the student must:

1. enroll at least half-time in an accredited institution of higher education or private occupational school and pursue a course of study commensurate with his vocational goals,

2. maintain good academic standing, and

3. make all academic records available to both parents.

Orders must be suspended after any academic period during which the child fails to comply with these conditions.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 4 months ago.

Checking to see how this went before the question closes? Enjoy your weekend and thanks for using JA.

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