Q: How do I go about documenting to the court my and my exes agreement on how to pay for college for our 3 kids?

A: Connecticut General Statute §46b-56c dictates that Connecticut Courts have the authority to enter an order requiring a parent to provide support for a child (or children) to attend an institution of higher education for up to a total of four full academic years or a private occupational school for the purpose of attaining a bachelor's or other undergraduate degree, or other appropriate vocational instruction. An educational support order may be entered with respect to any child who is under twenty-three years of age; any such order shall terminate once the child reaches twenty-three years of age. Such an order can only be issued at the time of entry of a decree of dissolution, legal separation, or annulment, unless the Court retains jurisdiction to enter the order at a later time. The language of your Separation Agreement dictates that the Court has retained jurisdiction. Therefore, you or your former spouse may petition the Court post-judgment to enter an educational support order. Since your Separation Agreement dictates that the children’s 529 accounts must be exhausted prior to an order being granted, you and your former spouse should make efforts to do so. Note that it may take several weeks or months to obtain a hearing date on your petition, so it may be advantageous to file a petition in advance of the start of the school year, to the extent you are eligible to do so.

A court may only require a parent to contribute to college education expenses if the court determines “it is more likely than not that the parents would have provided support to the child for higher education or private occupational school if the family were intact.” In determining what an appropriate order may be for your family, if any, the Court has discretion to consider all relevant circumstances, including: (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.

Both parents shall participate in, and agree upon, the decision as to which institution of higher education or private occupational school the child will attend. If the parents are unable to reach an agreement on this issue, the court may make an order resolving the matter.

To qualify for payments due under an educational support order, the child must (1) enroll in an accredited institution of higher education or private occupational school, as defined in C.G.S. Section 10a-22a, (2) actively pursue a course of study commensurate with the child's vocational goals that constitutes at least one-half the course load determined by that institution or school to constitute full-time enrollment, (3) maintain good academic standing in accordance with the rules of the institution or school, and (4) make available all academic records to both parents during the term of the order. The order shall be suspended after any academic period during which the child fails to comply with these conditions.

The educational support order may include support for any necessary educational expense, including room, board, dues, tuition, fees, registration and application costs. An educational support order may also include the cost of books and medical insurance for such child.