Donovan: Enforcing orders for contribution to a child's college expenses
On this blog, we review new domestic relations cases that are issued by the New Hampshire Supreme Court such as the recent Lemieux and Gendron and Plaistek opinions. However, there are many older opinions which are worth reviewing periodically. Here, we will review the case In the Matter of Tatjana A. Donovan and Robert F. Donovan which was issued on April 1, 2005.
The major crux of the case deals with a section of the stipulation which required both parties to contribute to their children’s educational expenses through college in an amount proportionate to their respective incomes. Robert asked the trial court to strike this portion of the parties divorce decree in light of the passage of House Bill 299, which provided: "No child support order shall require a parent to contribute to an adult child’s college expenses or other educational expenses beyond the completion of high school." RSA 461-A-14, V. The trial court refused, and Robert appealed the order.
The New Hampshire Supreme Court determined that as general rule statutes apply prospectively rather than retroactively. In other words, orders made prior to February 2, 2004, the day that the new statute became effective, that required a parent to contribute to a child’s college expenses were enforceable. Therefore, although no new orders may require contribution by a parent to a child’s college expenses, orders made prior to February 2, 2004 remain effective.
Blog Credit: Marisa L. Ulloa, Crusco Law Office Law Clerk
I had a child out of wedlock with a woman in NH. Our paternity agreement states that support would continue till the child reached 18 or graduated high school. I am estranged from the child. Could I be obligated to pay for college costs?
As reviewed in the blog post, if your order requires you to contribute to college expenses, and was made prior to February 4, 2004, that order can be enforced.
I am a little confused by the final decision. Does this mean it can only be enforced if an actual amount was ordered? My husband was divorced in 1997. There was a broad statement regarding each parent should contribute 1/2 towards college. However, no exact order exists. Does this mean it can or cannot be enforced. While reading the final opinion of the court it sounds like one justice does not think any amounts should be ordered in the future. Can only an exact court oredered amount be enforced? Can the general statement regarding half be enforced?
Mandy,
You ask a good question. While broad statements such as each parent shall contribute to their child's college expenses as their income allows may be difficult to enforce, they can be enforced. It would fall on you to prove that the other party can contribute as the order dictates, which just makes it more difficult than an order that reads each parent will contribute $10,000 to college expenses each year.
Kysa Crusco