Posts tagged with "Attorney Divorce Connecticut"

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, other undergraduate degree, or other 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.

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 afterwards.  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.  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.

The Best Divorce Lawyers CT: Divorce Attorneys Fairfield County, Connecticut

Maya Murphy’s Matrimonial Law Group consists of a dedicated team of lawyers committed to representing its clients through the most complex divorce proceedings. As a significant portion of our Matrimonial Law Group’s client base consists of high net worth individuals, we have experience dealing with the valuation and division of a variety of assets including businesses, residential and commercial real estate, high-end personal property, trusts, various retirement vehicles, as well as stocks, bonds and other securities. Our matrimonial lawyers also counsel the Firm’s clients through the formation and execution of pre-marital agreements, and often collaborate with our Trusts & Estates Group regarding issues involving trusts, testamentary instruments and estate planning. With attorneys licensed to practice in Connecticut and New York, we routinely handle cases originating in Fairfield County, Westchester County and New York City.

Our Matrimonial Law Group represents clients in dissolution and separation proceedings, custody and child support cases, as well as post-judgment custody and support modifications. Our matrimonial lawyers handle each and every case professionally and diligently. Though we aggressively litigate our more acrimonious cases when required, we always take into account the individual and unique needs, position and desires of each client, and recognize the importance of negotiating settlements when appropriate. Our matrimonial lawyers are well versed in the mediation process as well, and are often retained in a neutral capacity, providing our clients with an alternative to the traditional adversarial divorce model.

Maya Murphy’s Matrimonial Law Group is dedicated to providing its clients with high quality representation, including a thorough knowledge of the law, unsurpassed attention to detail, unwavering client support and constant preparedness. We understand that our clients are often in the worst situations they will ever personally encounter, and seek, at every turn, to alleviate their fears while protecting and advancing their interests in a court of law.

Our firm provides representation in all trial and appellate courts for matters relating to dissolution of marriage including: legal separation, property division, alimony, child custody, child support, and visitation rights. Our firm is experienced in dealing with the legal, financial, emotional and psychological issues arising in family and matrimonial relationships. Our attorneys have extensive experience representing individuals in matters involving all types of divorce and family law issues.

Maya Murphy’s offices are located in Westport, Connecticut and serves clients in locations including Stamford, Hartford, New Haven, Danbury, Waterbury, Bridgeport, Greenwich, Norwalk, Milford, Stratford, Fairfield County, Hartford County, New Haven County, Litchfield County, Middlesex County, Tolland County, Windham County, and New London County.

To discuss a case please contact Joseph C. Maya or H. Daniel Murphy at (203) 221-3100 in Connecticut or (212) 682-5700 in New York. Mr. Maya can be reached via e-mail at JMaya@Mayalaw.com and Mr. Murphy can be reached via e-mail at HDMurphy@Mayalaw.com.

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Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

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