May 25, 2017
Update on March Misconception of the Month – “No one can force me to pay for college.”
May 24, 2017
Update on March Misconception of the Month – “No one can force me to pay for college.”
As I wrote in my March blog, “Oh yes they can… More specifically, a State of Connecticut Superior Court judge can, under certain circumstances, and within financial limits.”
Over the past few months, several Connecticut Superior Court judges have been called on to clarify the meaning of what I referred to as “certain circumstances” and “financial limits”. For example, one judge determined that a dad using his military educational benefits isn’t financial aid. The judge also gave the dad full credit in an amount equal to the military benefit he used toward his obligation to pay 50% of college costs – while the dad payed $0 out of his own pocket.
Another judge found that the educational support order law can’t be applied retroactively. This means that the educational support order law doesn’t apply to divorces after October 2002 even if the child is just now graduating from high school and in need of financial help to attend college. And there are additional new Superior Court cases as well.
This clarifying or fine tuning by the courts of the statutes or laws written and passed by the legislature is normal. Such clarifying and fine tuning can help make application of the law more predictable and allow lawyers to give better answers to their clients.
Feel free to contact me via email, lcappalli@cappallihill.com, or telephone, 203-271-3888.
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