Matthew Vella v. Sarah Howden (2013)

DECISION RE # 115

Before the court is the defendant's postjudgment motion for modification.   In it, she alleges that the original order of child support will expire on May 31, 2013 and requests that child support continue for the payment of college expenses.   Without objection, the motion was treated as a request for a post-majority educational support order, pursuant to CGS § 46b–56c.

The parties were divorced in April of 2009, by way of a stipulated agreement that was incorporated into the decree of dissolution.   By way of this agreement, the parties reserved to the court jurisdiction to enter an educational support order.   The parties have one child, subject of this motion.

The minor child is a soon to graduate senior at the Hotchkiss School in Lakeville, Connecticut.   Hotchkiss is an independent boarding school whose purpose, amongst others, is to prepare students for college.   The minor child will graduate this month cum laude.

Both parties are college graduates.   The defendant has a college fund set aside for the minor child.   It is clear to this court that it is more likely than not that the parties would have provided support to their son for college if the family had in fact remained intact.   Neither party admitted any evidence to dispute this finding.

The minor child has been accepted into Carnegie Mellon University, Pittsburgh, Pennsylvania.   The resident cost of attendance for academic year 2013–2014 is $62,392.   The child has been awarded grants, scholarships and work study that reduces the cost by $28,025.   Additionally, there appear to be federal loan funds available that would further reduce the college cost by $5,500.   Even with all of these available offsets, the actual out of pocket residential cost of attendance is $28,867 for academic year 2013–2014.

Pursuant to the statute, this court is prohibited from entering an educational support order that exceeds the amount charged by the University of Connecticut (UConn) for a full-time in-state student.   The tuition, room, board and mandatory fees for an in-state full-time student at UConn for 2013/2014 is $23,744.

The child has no source of income or funds to pay for college and is in need of support to attend college.   The child would appear to be academically gifted and well prepared to attend college.

The court has considered the parents' income, assets and obligations.   The court has considered the evidence, testimony, exhibits and proposed orders offered at the time of hearing.

Pursuant to CGS § 46b–56c, the court enters the following educational support order:

1). The parties shall be equally responsible for the minor child's college educational expenses, including room, board, dues, tuition, fees, registration and such expenses, but not more than the amount charged by the University of Connecticut for a full-time-in-state student, in any given year that the child is enrolled in college, consistent with the statute (for the academic year 2013–2014, each party shall contribute $11,872);

2). Each parent shall pay their respective one-half share directly to the University at the time the same shall be due;

3). Both parties shall be entitled to an accounting of the monies owed and paid to the University;  and

4). The child must comply with the provisions of § 46b–56c(e).

SO ORDERED

BOZZUTO, J.

Bozzuto, Elizabeth A., J.