Legal Question in Family Law in Connecticut
My divorse decree from 1997 states that my ex only has to pay child support until the children graduate high school and there is no provision for college. my boys are 19 & 17 and he is not helping to support them. he won't help with college-they live with me and rely on me for all support and I am taking on all college expenses with loans. Would I be able to modify my decree to continue Child Support and or college support?
2 Answers from Attorneys
Unfortunately, no. (I assume that this is a Connecticut divorce).
Unfortunately for you, the statute which allows a parent to seek monies for college went into effect October 1, 2002. Unless your final decree allows for college monies you are out of luck.
You mentioned that your younger son is 17. The child support statute requires child support to be paid for children until they reach the age of 19 or graduate from high school, which ever first occurs. If your 17 year old is still in high school, your ex must continue to pay child support for him. Furthermore, if your 17 year old doesn't turn 18 until after he graduates from high school, your ex must continue paying his support until he turns 18.