For many families, a child’s senior year of high school is filled with excitement: college visits, acceptance letters, prom, graduation, and planning for the next chapter. For most parents though, there is often one additional question looming in the background: Who’s paying for college?
This question can be even more daunting and convoluted for parents who are divorced or separated. At Wolf & Shore Law Group, we frequently receive calls from parents in July or August asking the court to decide how tuition and expenses should be divided before their child leaves for school a few weeks later. Unfortunately, by that point, it is often too late to obtain a court order before tuition deadlines arrive.
Why You Can’t (and Shouldn’t) File Too Early
The other extreme also will not work in family court. Parties should not petition the court too early regarding post-secondary education because there are often unknown factors. If the child receives financial aid (including but not limited to scholarships), that will be taken off the total tuition cost and may affect how the parties share the cost. One of the biggest misconceptions is that parents should start litigating college expenses years in advance. In reality, that is not only impractical, but it is also improbable that the Court would be receptive to it.
Until a student has:
- Applied to colleges,
- Received acceptance letters,
- Obtained financial aid awards,
- Learned about scholarships and grants,
- Decided which school they will attend, and
- Determined the actual cost of attendance….
There are simply too many unknown variables. A court cannot fairly allocate expenses without knowing what those expenses actually are. A private university with substantial scholarship money may ultimately cost less than an in-state public school with little financial aid. Likewise, housing choices, meal plans, and other expenses can significantly impact the total cost. Trying to resolve those issues years, or even months, before those details are available is often an exercise in guesswork.
But Waiting Until the Last Minute Is Just as Problematic
While filing too early doesn’t make sense, waiting until the child is moving on to campus is also inappropriate. Connecticut courts do not operate on emergency timelines simply because tuition is due. A motion filed in July asking the court to determine each parent’s responsibility for college expenses may not be heard until well after the first tuition payment deadline has passed. By then, one parent may have already paid the bill, the student may have taken out loans, or important enrollment deadlines may have been missed. The court process takes time. Motions must be filed, served, scheduled, and argued before a judge can issue a decision.
The Sweet Spot: Senior Year, After Financial Aid Arrives
The ideal time to begin the conversation is during the child’s senior year of high school, after financial aid packages have been received, but before tuition deposits and enrollment deadlines create unnecessary pressure.
At that point, everyone has access to meaningful information, including:
- The student’s final college choice;
- Tuition, room, board, and mandatory fees;
- Scholarships and grants;
- Financial aid awards;
- Student loan eligibility; and
- The remaining out-of-pocket cost.
With those numbers available, parents have a much better opportunity to negotiate a fair allocation or, if necessary, ask the court to make a decision with accurate information. Parents who exchange financial aid information promptly and discuss expectations early often avoid expensive court proceedings altogether. Even if an agreement cannot be reached, beginning the conversation early provides enough time for attorneys to negotiate or file the appropriate motions before tuition deadlines become critical. If the court retained jurisdiction over post-secondary education in your underlying divorce or custody matter, then you only need to return to court if you and your co-parent do not reach an agreement. You do to involve the court at all if you and your co-parent have already worked it out.
If you have questions about educational support orders, college expenses, or your rights and obligations pertaining to such under Connecticut family law, the attorneys at Wolf & Shore Law Group are here to help you plan ahead and protect your family’s future. Contact us today at 203.745.3151 or info@wolfandshorelawgroup.com. Ever Argue with a Woman?
