Post Secondary Education Costs

A court may order parents to pay postsecondary education costs. “If the court finds that it is appropriate for the parents to contribute to the costs of a program of postsecondary education, then the court shall terminate child support and enter an order requiring both parents to contribute a sum determined to be reasonable for the education expenses of the child, taking into account the resources of each parent and the child.” C.R.S. 14-10-115(15)(c). Postsecondary education costs are not limited to tuition; costs include books and fees. C.R.S. § 14-10-115(3(g). These costs can be paid to the child directly, the institution or may be ordered in another form of payment suitable for the situation. C.R.S. § 14-10-115(15)(g). The court may order payments from one parent to the other if the child is living with that parent during the school year or in excess of 30 days when school is not in session. C.R.S. § 14-10-115(15)(h). Postsecondary education payments will not exceed the amount in child support. The court will be limited in ordering “an amount not to exceed the amount listed under the schedule of basic child support obligations . . . for the number of children receiving postsecondary education.” C.R.S. § 14-10-115(15)(c). Finally, a postsecondary education support order may be modified by the court just as a child support order would be modified or terminated.

Categories: Child Support, Family Law