I was divorced from my son's father 13 years ago. It was an amicable process, so we left many specifics open-ended, trusting that we would both keep our son's best interest in mind. My son just turned 18 and will be attending a community college next year. He was recently diagnosed with severe depression, so we decided it would be best for him to live at home for (at least) his first year, while he learns to adapt to the demands of college. I am remarried, so my son will be living with my husband and our two other children. My ex-husband has always agreed that he would provide "some" financial support for our son's education, but he is now refusing to uphold that verbal agreement. My son does have an inheritance of $60,000 that was left to him by my ex-husband's uncle. That will not cover 4 years of college, however. My husband and I will be providing room & board, a vehicle for my son to get to/ from his classes, car insurance, cell phone as well as all other incidentals until my son's mental health is stable enough for him to get a part-time job to contribute to gas, cell phone spending money, etc. Do I have any legal recourse to "force" my ex-husband to help supplement the cost of college. Because of his salary (which I am estimating to be over $150,000/ year), our son does not qualify for any financial aid (in spite of the fact that he is now shirking this parental responsibility). My husband is willing to do what we need to do to provide for my son, but all of the responsibility should not fall on him and I am currently working part-time.
1 Answer from Attorneys
Unfortunately, I do not believe you have a claim for anything beyond your son's 18 birthday/graduated from high school whichever occurred later.
The statute regarding college took effect on October 1, 2002 (Sec. 46b-56c. Educational support orders.) Unless your divorce decree/agreement has some provisions regarding your son's college expenses (and it may, I don't know) then you missed the boat.