Matrimonial & Family Law

Educational Expenses in Divorce

Educational expenses in divorce include expenses associated with higher education. Pursuant to Connecticut General Statutes § 46b-56c, an educational support order is defined as an order requiring a parent to provide support for a child or children to attend, for up to 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.

Parties may request an “educational support order” either at the time of the divorce or at some point afterward.  If the Court does not enter an educational support order at the time of the divorce, however, the parties must specifically request that it retain jurisdiction over the matter, otherwise they will be precluded from seeking such an order at a later date.

Additionally, although C.G.S. §46b-56c defines “necessary educational expenses,” parties should cite the statute or define the phrase themselves if they enter into a separation agreement.  Indeed, if they fail to do so, the meaning may be left open to interpretation.

A Relevant Case

In Bollinger v. Feldman, Superior Court, Judicial District of Hartford, Docket No. FA020731923 (Nov. 18, 2010, Adelman, J.), the parties obtained a divorce by way of an agreement containing a provision titled “College Education of the Children.”  When one of the children took a college-level summer course for credit (while still a high school student), the father refused to contribute toward the tuition fee, claiming that it did not fall within the meaning of “college expenses” as set forth in the parties’ agreement.

The Court noted that the parties did not reference C.G.S. §46b-56c in their agreement; rather they used the phrase “all college expenses.”  However, the parties did not define the phrase, include qualifying language such as “reasonable and necessary,” or specify that such expenses would include only post-secondary education.  On that basis the Court held that since the course was given at a college, and the child earned college credits for her work, the expense must be covered under the parties’ agreement.

Given the vast array of expenses associated with sending a child to college, it is important to pay close attention to the language used in a separation agreement.  Indeed, as the case above illustrates, if parties fail to do so, they could find themselves litigating an otherwise avoidable issue.


If you have questions regarding educational expenses in divorce, or any family law matter contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

What is an Educational Support Order in Connecticut?

An educational support order is an order entered by a court requiring a parent to provide for a child to attend an institution of higher education or a private occupational school for the purpose of attaining a bachelor’s degree or other undergraduate degree, or appropriate vocational instruction.

Orders may include support for any necessary educational expense, including room, board, dues, tuition, books, fees, registration and application costs, and medical and dental expenses including health insurance.  A court can order a payment to be made (1) to a parent to be forwarded to the college or school, (2) directly to the school, or (3) however the court deems appropriate.

The purpose of an Educational Support Order is to help children of divorced parents afford higher education.  The OLR bill permits judges to order divorcing parents, and fathers subject to paternity orders, to support their offspring who enroll in accredited college or vocational programs after high school until they reach age 23.  Support Orders apply to cases where the first child support order is entered on or after October 1, 2002.  Parents must ask the court to enter such orders, and can do so at any time before the child’s 23rd birthday.

If you have any questions related to education law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Paying College Education After Divorce

At the time of a divorce, parties can reserve jurisdiction, a court’s authority to decide an issue, over matters regarding their child’s post-secondary education expenses.  It is particularly helpful to reserve jurisdiction if the parties have young children, as a family’s needs may change and one parent may wish to seek assistance from the other parent in facilitating their child’s college education.

The court may enter an educational support order for any child under the age of 23 after considering the following factors:

  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.

It is important to note that in Connecticut, if the parties do not explicitly reserve jurisdiction, then the court will be unable to set down an educational support order after a divorce has occurred. The court is also restricted from entering an order beyond the cost of University of Connecticut tuition for a full-time student.

If you have questions regarding educational support orders, or any education matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

Former Wife Found in Contempt For Refusing to Pay College Expenses

A decision rendered in the Connecticut Superior Court illustrates the potential consequences of entering into an ambiguous agreement regarding the payment of college expenses.  In this particular case, the parties obtained an uncontested divorce on September 8, 2008.  Pursuant to the terms of their separation agreement, the parties were each responsible for paying 50% of their children’s “actual college education.”

Except for the designation “actual college education,” the language of the agreement tracked the language of C.G.S.A. §46b-56c in that educational costs were to include room, board, dues, tuition, books, fees, registration costs, and application costs up to the amount charged by the University of Connecticut for a full-time, in-state student.

When the parties’ older son attended technical school, both the mother and father contributed to the cost.  However, when the parties’ younger son enrolled in college, the mother refused to contribute, claiming she was entitled to a credit because the younger son’s technical school education was not “actual college” as set forth in the parties’ separation agreement.  The father filed a motion for contempt against the mother seeking an order of enforcement.

Relying, at least in part, on another Connecticut Superior Court decision which addressed a nearly identical issue, the Court found that the term “college” as used in the parties’ separation agreement did in fact include technical school.  Therefore, the mother was obligated to contribute toward both the older son’s vocational education and the younger son’s college education.  Since she failed to do so, the Court found the mother in contempt and ordered her to pay the husband the outstanding balance within thirty days.

If you have questions regarding alimony and college expenses, or any family law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

Joseph Maya selected to 2022 Edition of Best Lawyers in America

FOR IMMEDIATE RELEASE

Westport, CT – Maya Murphy, P.C. is pleased to announce that Joseph Maya has been included in the 2022 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Joseph Maya, a Connecticut and New York-based litigation attorney, was recognized in The Best Lawyers in America© 2022 edition. He has been rated Best Lawyers in America and ranks among the top private practice attorneys nationwide. Attorneys listed in this edition of The Best Lawyers in America were selected after an exhaustive peer-review survey that confidentially investigates the professional abilities and experience of each lawyer. Recognition in Best Lawyers® is widely regarded by both clients and legal professionals as a significant honor.

Mr. Maya has been practicing law in Connecticut for more than 25 years. He has been a licensed attorney in New York for more than 30 years.

“Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession,” said Best Lawyers CEO Phillip Greer. “We are proud to continue to serve as the most reliable, unbiased source of legal referrals worldwide.”

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

Maya Murphy, P.C. has offices in Westport, CT and New York City. For additional information on Joseph Maya or Maya Murphy, P.C., please visit its website at https://mayalaw.com, or call 203-221-3100.

What Is a ‘Legal Separation’ in Connecticut?

A legal separation is a status that affects the legal rights and obligations spouses have toward each other without formally ending the marriage.  A court decree of legal separation has many of the same effects as a divorce; assets and liabilities will be divided and, if there are children involved, a parenting plan will be implemented as in a divorce proceeding.

Legally separated spouses are freed from most legal obligations, and give up most legal rights, to each other but remain legally married.  Accordingly, neither spouse can remarry without first having the separation decree converted into one for divorce.

If you have any questions related to divorce and legal separations in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Pre-Nups are for More than Just the Wealthy

A Prenuptial agreement is an agreement between two individuals planning to get married on how property will be distributed on the possibility of their separation. While no one likes to imagine separating at such an exciting time as just before marriage, if you have extensive assets, it must be considered.

Individuals with high wealth and those who are getting married later in life have often accrued a significant number of assets that it would be difficult to part with in the unfortunate event that their marriage did not work out. Entrepreneurs with established businesses could also find it beneficial to protect their enterprise by using a prenuptial agreement to ensure that business assets remain with them in the event of a break up.

For people who have been married before, or who have kids from a previous relationship, prenuptial agreements are much more common because they have already experienced a divorce and know how messy property division and child custody issues can be. Prenuptial agreements are also more common for marriages where one of the parties has inherited or will inherit a large sum of money.

Enforcing a Prenuptial Agreement

When executing such an agreement, an attorney is necessary to complete the process correctly. While courts in Connecticut will enforce a prenuptial agreement, it must meet some very strict guidelines or a court may completely disregard it. Some of these guidelines include full disclosure of assets, a signed document in writing, and for each party to have individual professional representation. Such guidelines ensure fairness and efficiency of the process so no spouse is left in the dark upon divorce.

If you are considering a pre-nup or need to have one enforced upon divorce, contact one of the experienced divorce attorneys at Maya Murphy today. Our attorneys have worked countless divorce and family law cases in the courts of Connecticut and New York for decades. Get the answers you need and the representation you deserve. Call 203-221-3100 or email JMaya@mayalaw.com to schedule a consultation today!

Protecting Your Interests in a High-Asset Divorce

Whether or not you consider yourself a high-earner or a high-worth individual, if you have considerable assets at stake and divorce is knocking at the door, we are here to help. At Maya Murphy, we deal with divorces every day, whether they include athletes, businesses, famous individuals, those with large amounts of wealth, or just the average person. Our divorce practice has been established for over a decade and is built on experience gained in both New York and Connecticut tribunals.

We can help you take proactive steps to position yourself for a fair allocation. Not every high-asset divorce is destined for trial. We will explore mediation to resolve or narrow the issues and out-of-court negotiations for everything from IRA, 401(k), and pension savings and alimony to child custody and child support. However, if needed, the high asset divorce attorneys of Maya Murphy are proven litigators who are ready and able to bring a case to trial.

Factors to Consider When Settling a High Asset Divorce

When it comes to high asset divorce, there are many more factors that must be considered when reaching an appropriate settlement. Here at Maya Murphy, we are familiar with every nuance of high net worth divorces, including:

  • Valuation of a business or professional license
  • Valuation and sale/refinancing of the marital home
  • Valuation and division of investment property
  • Other real estate (vacation homes, rental property)
  • Variable or seasonal income, as from pro athletes
  • Verification of income from all sources
  • Stock options and deferred compensation
  • The marital portion of IRA, 401(k) and pension savings
  • Validity (enforceability) of prenuptial agreements
  • Other issues of separate property versus marital property
  • Distribution of joint liabilities, and
  • Discovering hidden assets.

We realize there are additional considerations in a high-asset divorce beyond the division of assets such as privacy of the individuals, goodwill of a business, or unwanted media attention. We can cater our representation to your needs and your busy schedule. At the onset of representation, we will listen to your goals and come up with a plan to best achieve them. You will be kept informed each step of the way and involved in this process as little or as much as you would like.

So if you are considering divorce, or divorce proceedings have already begun, feel free to contact the high asset divorce group at Maya Murphy today to discuss your options. We are available anytime at 203-222-MAYA or by email at JMaya@mayalaw.com. Schedule your free consultation today!

Common Ways Spouses Attempt to Hide Assets Upon Divorce

Divorce is likely one of the worst times of a person’s life, or best if you can’t wait to get out of a miserable relationship. But one thing is for sure, divorces get messy. Too often they turn into drawn-out court battles, custody disputes, or worst of all, one spouse hiding assets from the other. We have all heard the phrases “I was cleaned out after my divorce,” or “my spouse took everything” in the divorce, and although it’s far from the legal truth, too many people believe this and try to protect their assets by hiding them.

Not only is hiding assets from someone you previously loved immoral, but it is also highly illegal. Even so, discovering hidden assets is something our divorce group, specifically our high-asset divorce group, does regularly. Here are just some of the ways in which we have discovered individuals attempting to hide assets from their spouses. This list is meant to aid spouses from being outed in divorce, not aid the illegal hiding of such assets.

Attempts to Hide Assets in a Divorce

1. Transfer assets to a separate account. This involves taking money from a joint bank and brokerage accounts and transferring it to an account only in one spouses name.

2. Transfer assets to a friend. In a joint bank or brokerage account, both parties have full control over the assets.
Some people systematically transfer cash and/or investments to an account their friend holds, and then once the divorce is finalized, that friend transfers it back to them.

3. Overpay the Internal Revenue Service. Some individuals who know they are going to file for divorce next year instruct the IRS to use this year’s refund for next year’s tax. Once the divorce is final, they receive a large overpayment from IRS that they use against future tax.

4. Take cash withdrawals on debit cards. Some people use debit cards for every day purchases. When you use a debit card, you are always asked if you would like cash back. In this instance, the individuals continually answer yes to that question and withdraw small sums of money multiple times over a long period of time. Here, the actions are hidden because the total charge shows as groceries, clothes, movies, etc.

5. Turn down promotions and raises. Some people tell their boss to delay any promotions (if one is coming) and set any raises/bonuses aside until after it was finalized.

6. Accrue commissions. After closing deals at work, some spouses request that their commission is delayed for tax purposes, i.e. hiding it from their spouse in divorce.

If your spouse owns their own business, they could also be using some of the below techniques to hide income from you:

8. Not invoice clients. It wouldn’t be difficult to delay invoicing clients until after the divorce. Although accounts receivables would be accrued assets, this is easier to hide than cold hard cash.

9. Create fake expenses. Creating fake expenses, paying fake vendors, and adding family or friends to the payroll is a common way for individuals to hide money through their business.

10. Go on a shopping spree. This is self explanatory.

Credit: Asset hiding techniques to divorcenet.com

If you think your spouse is hiding assets, or you are worried they might try to when you ask for a divorce, call one of the experienced divorce attorneys at Maya Murphy today. With decades of experience in both the New York and Connecticut courts, one of our attorneys can help you with any divorce or family law matter you may have. Call 203-222-MAYA or email JMaya@mayalaw.com to schedule a consultation today!

What Is the Mandatory Parenting Education Program in Connecticut?

The parenting education program is a program designed to assist parents in helping their children through the divorce.  The class addresses the developmental stages of children, the adjustment by children to parental separation, and dispute resolution and conflict management.  The class also addresses guidelines for visitation, cooperative parenting, and stress reduction.


If you have any questions related to divorce in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.