Legal Question in Family Law in Connecticut
college tuition after emanicipation--cont.
answering questions to original posting:
Divorce was approx. 15 years ago.
There was no mention in the original divorce (and/or amendments done in NY) for CT law to rule and retain jurisdiction (poor lawyer managing I imagine on several occasions).
Westchester NY had made the final ammendments, but it only stated that the father needed to contribute to the semester in question which was two years ago. The mother keeps threatening to return to court if the father does not keep contributing.
3 Answers from Attorneys
Re: college tuition after emanicipation--cont.
If it was a Conn divorce, then Conn law applies forever, even if it is registered in NY and the NY courts amend the decree. 15 years ago, the Conn courts had no power to order you to pay for college unless you had agreed to do so in the divorce agreement. I don't know if anyone brought this up to the NY court when the amendment went in (did you have an atty in NY?), but if she takes you back to court, you can raise it then. Get a lawyer, though.
Re: college tuition after emanicipation--cont.
If it was a Conn divorce, then Conn law applies forever, even if it is registered in NY and the NY courts amend the decree. 15 years ago, the Conn courts had no power to order you to pay for college unless you had agreed to do so in the divorce agreement. I don't know if anyone brought this up to the NY court when the amendment went in (did you have an atty in NY?), but if she takes you back to court, you can raise it then. Get a lawyer, though.
Re: college tuition after emanicipation--cont.
I don't understand why the NY court did not recognize that the CT courts did not have jurisdiction to enter post-secondary educational orders 15 years ago. The statute that gives the CT court authority to award college tuition took effect for divorces after Oct. 1, 2002.
Therefore, I question whether NY had jurisdiction to enter that particular order for college for one semester. Unless I don't have all the facts, it appears to be error.
You need a lawyer.