Medical Expenses
In Connecticut, child support can encompass more than the basic financial support. Courts may require parents to contribute to medical and dental expenses for their minor children. According to Connecticut General Statutes § 46b-84(f)(2)(A), a court can order either parent to include any child as a beneficiary in a medical or dental insurance plan carried by that parent, provided it is available at a reasonable cost. If affordable coverage isn't available, the court may direct a parent to secure coverage for the child under the HUSKY Plan, Part B. When medical coverage is ordered, the court also specifies the payment of all unreimbursed or uninsured medical expenses based on the Connecticut Child Support Guidelines, dividing the cost proportionally between the parents.
While negotiating a separation agreement, it is beneficial for parents to address various aspects of medical expenses. Including terms that require parties to exchange documentation of expenses within a particular timeframe can be useful. Parents may also wish to set guidelines for timely reimbursements, such as within thirty days. Discussing procedures for elective treatments, like orthodontia or elective surgeries, is also important. Provisions for advance notice or mutual agreement for such treatments can be advantageous. Detailed definitions of what qualifies as elective treatments can prevent future disputes.
College Expenses
When drafting a divorce settlement involving minor children, considering potential future college costs is vital. If college expenses such as tuition and living costs are not addressed during the divorce proceedings, requesting contributions from an ex-spouse later can be difficult or impossible.
In Connecticut, the handling of college expenses is guided by Connecticut General Statutes §46b-56c, which allows courts to set directives concerning "necessary educational expenses." These can encompass application fees, room and board, and tuition, up to the in-state rate for full-time students at the University of Connecticut at registration time. Although the order may cap expenses at the University of Connecticut’s rates, parents can agree to exceed this limit.
Certain restrictions apply under C.G.S. §46b-56c. Educational support orders are for children under the age of twenty-three and stop once the child reaches that age. The support may cover up to four full academic years of undergraduate or vocational instruction, but not beyond a bachelor's degree. Moreover, children cannot independently demand educational support from their parents.
If both parties agree, college expenses can be addressed without a trial. They may specify in their separation agreement how these costs will be shared. If it is hard to predict future circumstances due to young children, the decision can be postponed. In such cases, the separation agreement must state that the court maintains jurisdiction over future educational expenses. Without this stipulation, the court cannot revisit the matter later. With the provision, a post-judgment request for educational support can be pursued when the time comes, potentially resolved through agreement or a hearing.
Whether the court issues an educational support order at divorce or post-judgment, it must verify that the parents likely would have supported the child’s higher education if the family remained united. This fact may be mutually acknowledged or left to the court’s determination. Once established, the court evaluates whether to issue an educational support order based on factors such as the parents’ financial status, the child's financial needs and potential earning capacity, available financial aid, the education's feasibility considering financial resources, and the child's readiness and dedication towards higher education.
Contact Us
If you have any questions about additional child support expenses in the case of divorce, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
