Articles Family Law
| Jurisdiction | Colorado,United States |
| Citation | Vol. 38 No. 1 Pg. 19 |
| Pages | 19 |
| Publication year | 2009 |
2009, January, Pg. 19. Articles Family Law
January 2009
Vol. 38, No. 1 [Page 19]
Postsecondary Education Expenses After Chalat: Paying College Expenses After Divorce
Family Law articles are sponsored by the CBA Family Law Section to provide information to family law practitioners. Articles are intended to focus on practice tips and discussions of current issues within the realm of family law. New authors are welcomed.
Coordinating Editors
Trish Cooper, Denver, of the Law Office of Stephen J. Harhai-(303) 329-8300, tcooper@harhai.com; Meredith Patrick Cord, Colorado Springs, of Johnson & Cord, PC-(719) 471-4034, mpc@johnsoncord.com
About the Authors
Robin Lutz Beattie is an associate at Polidori, Franklin & Monahan, L.L.C.-(303) 936-3300, rlbeattie@pfmlaw.com. Amy Hedges Shaw is a former associate at Polidori, Franklin & Monahan, L.L.C.
This article discusses the history of Colorado law regarding payment of postsecondary education expenses for children following dissolution of marriage and the enforceability of parties' agreements to pay postsecondary education expenses for their children. The article also addresses the modifiability of such agreements in light of the Colorado Supreme Court's decision in In re Marriage of Chalat and the implications of Chalat for the practitioner.
Between 1990 and 1994, the Colorado General Assembly enacted several modifications to statutory provisions concerning postsecondary education expenses. These changes are detailed in In Re Marriage of Chalat(fn1) and "Postsecondary Education Costs: Forging Through a Legislative Labyrinth," by Helen Shreves and Richard Harris.(fn2) Prior to 1997, courts had the authority to order parents to pay reasonable postsecondary expenses whenever "appropriate," although not beyond a child's 21st birthday.(fn3) For the most part, cases decided before 1997 addressed the question of when a party's obligation to pay postsecondary educational costs would terminate.
In re Marriage of Plummer(fn4) was decided in 1987. There, the Colorado Supreme Court determined that, unless parties agreed to pay support for an emancipated child before the child reached the age of emancipation, parents had no legal obligation to support "a capable, able-bodied young adult [who] chooses to attend college after reaching the age of majority." In In re Marriage of Huff,(fn5) decided in 1992, the Colorado Supreme Court determined that a court could order parties to pay postsecondary education expenses for a child beyond his or her age of emancipation if the order was issued before the child reached the age of emancipation.
In 1997, the Colorado General Assembly fundamentally changed the statutory provisions concerning postsecondary education expenses. Courts were stripped of the authority to order parents to pay postsecondary education expenses for their children in dissolution of marriage matters; however, parties retained the right to agree to pay their children's college costs in a separation agreement or stipulation.(fn6)
Payment of Postsecondary Education Expenses Pursuant to CRS § 14-10-115
CRS § 14-10-115 contains two provisions concerning postsecondary educational expenses. Section 14-10-115(15) applies to child support orders "established or modified" before July 1, 1997, and § 14-10-115(13) applies to child support orders entered on or after July 1, 1997.
In cases where the child support order was established or modified before July 1, 1997, a court can require parents to pay "reasonable" postsecondary education expenses for a child if the court finds that such contributions would be "appropriate."(fn7) The court cannot order that a parent pay more for these educational expenses than he or she would be required to pay as and for child support under the statutory guidelines, and the order cannot extend beyond the child's 21st birthday.(fn8)
Section 14-10-115(13)(a), concerning emancipation, applies to child support orders established on or after July 1, 1997. Section 14-10-115(13)(a) provides that children are emancipated at the age of 19, unless one of the conditions enumerated in the section exists.(fn9) The statute does not provide any exceptions or circumstances under which a court can order parties to pay for postsecondary education expenses.(fn10) Nonetheless, parties can enter into an agreement to pay their children's college costs, which may be enforced in accordance with CRS § 14-10-112, governing separation agreements.(fn11)
Agreements to Pay Postsecondary Education Expenses
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