As part of a divorce or a legal separation, a court may make orders requiring parents to pay for college and associated expenses. In order to do so, the court must make a finding that it is more likely than not that the parents would have provided support to the child for higher education or a private occupational school if the family were intact.
At the time of divorce, there are three options:
1. The judge enters a specific order as to payment;
2. The judge reserves jurisdiction allowing the parents to petition the court in the future for an order; or
3. No order is entered. If this happens, the court is precluded from entering any orders in the future.
Some key points:
Expenses (tuition, room and board) are capped at an amount charged by UCONN for a full time, in state student unless the parents agree to exceed this limit. Books and health insurance may also be included.
The order ends when the child turns 23 or obtains a Bachelor’s Degree. There is no authority to enter orders pertaining to graduate or post-graduate education.
The child has an obligation to maintain good academic standing, make academic records available to the parents and pursue a course of study commensurate with the child’s vocational goals.
An educational support order may be modified in the same manner as child support order.
Some studies have shown that divorce can lead to less support for college students. Check out this article: http://www.deseretnews.com/article/700141954/Divorce-can-lead-to-less-support-for-college-students.html