Extend child support through college and/or provide for college support.
- by: Suzanne Miles
- recipient: Randall Gnant, Senate President, Arizona Legislature
A petition to extend child support through college and/or provide for college support.
Proposal for Statutory Revision
· Child Support Past Majority
· College Support
INTRODUCTION
Child Support Past Majority
This proposal offers two alternate provisions. The first proposed revision to the child support laws allows child support to continue, including medical coverage, until the child reaches the age of 23. At the time child support would terminate under current law, a parent may petition to terminate child support if the child does not attend a post-secondary educational institution or engage in vocational training.
College Support
The second proposal provides for college support for children who remain dependent on their parents after majority. The court would have the discretion to award college support based on factors such as:
· The childs age;
· The childs needs;
· Expectation of the parties for their children when the parents
were together;
· The childs prospects, desires, aptitudes, abilities, or disabilities;
· The nature of the post-secondary education sought;
· The parents level of education, standard of living, and current
and future resources; and
· The amount and type of support that the child would have been
afforded if the parents had stayed together.
Both of the proposals also address coverage for children who are more than 18 or 19 on the effective date of the statutory changes.
REASON THE LAW SHOULD BE REVISED
The age of emancipation was chosen at a time when a child could and often did leave the parental home at age 18 and earn a decent living. Today, few children are able to support themselves upon graduation from high school. In order to obtain reasonable jobs or professional training, children must pursue further education. Children remain dependent on their parents for support and financial assistance with their educational expenses long past the age of 18. Because the non-custodial parent has no legal obligation to contribute to such expenses, the burden falls upon the custodial parent. Also, many non-custodial parents resent making child support payments because they view child support as spousal support. Often the non-custodial parents priorities change after divorce, particularly if there is a new spouse or other children.
Few single parents have the financial ability to assist their children with their educational expenses. In Arizona, the cost to send a child to one of the state schools is currently approximately $12,000 a year. Further, the majority of students at ASU and U of A cannot graduate in four years, particularly those who work to help defray the cost of their schooling. This extends the cost of education from four years to at least five. Out of state tuition starts at $25,000. Federal tax credits are available only one time and are minimal. Even federal financial aid is based on the parents income. For most single parents this means that the majority of the financial aid is in the form of unsubsidized, currently payable loans. Hardest hit are single parents of middle income brackets who get little assistance from the federal government or any other source. In situations where there is more than one child in college at a time, the costs are crippling. Further, all medical expenses fall on the custodial parent after high school graduation adding to the financial burden.
At least eighteen states continue child support past the age of 18. Some states provide for college support (for example, Oregon, Illinois, and Indiana among others). The proposed legislation would not make the continuation of child support or college support mandatory, but would at least give the court the ability to continue such assistance as circumstances warrant. By continuing child support while a child pursues post-secondary education, the child is more likely to be able to pursue and complete the childs education. Further, a childs quality of life (and that of any other children in the home) is enhanced and more likely to approach that if the family had remained intact. In addition, a good student might be able to choose amongst private institutions as well as state schools. Children will have more options and the extreme financial burden on the family will be lessened. Non-custodial parents, who are generally in a better financial position than the custodial parent, will continue to share responsibility for their children until the children are indeed in a position to support themselves.
RECOMMENDED LANGUAGE
Child Support
A PARENT HAS A DUTY TO PAY SUPPORT FOR A CHILD. SUPPORT SHALL BE PROVIDED UNTIL A CHILD REACHES THE AGE OF 23. WHEN A CHILD [GRADUATES FROM HIGH SCHOOL /OR/ REACHES 19 YEARS OF AGE], UNTIL THE CHILD REACHES 23 YEARS OF AGE, A PARENT MAY PETITION TO MODIFY OR TERMINATE CHILD SUPPORT IF THE CHILD IS NOT ENROLLED IN A POST-SECONDARY OR VOCATIONAL SCHOOL.
PARENTS OF CHILDREN WHO [HAVE GRADUATED FROM HIGH SCHOOL/ ARE MORE THAN 19 YEARS OF AGE] AND LESS THAN AGE 23 ON THE EFFECIVE DATE OF THIS STATUTE, MAY PETITION TO HAVE CHILD SUPPORT PAYMENTS RESUME. THE CHILD SUPPORT OBLIGATION SO RESUMED SHALL BE RETROACTIVE TO THE DATE OF SERVICE OF THE PETITION OR NOTICE OF ORDER TO SHOW CAUSE, WHICHEVER FIRST OCCURS.
THIS SECTION APPLIES TO ALL CHILDREN LESS THAN AGE 23 ON THE EFFECTIVE DATE OF THIS STATUTE. IT SUPERCEEDS ANY PROVISION LIMITING CHILD SUPPORT TO AGE 18 OR 19 PREVIOUSLY AGREED TO BY THE PARTIES OR INCORPORATED IN ANY SETTLEMENT AGREEMENT OR DIVORCE DECREE
College Support
THE COURT SHALL ORDER SUPPORT FOR POST-SECONDARY EDUCATION EXPENSES IF THE CHILD IS IN FACT DEPENDENT AND RELIES ON EITHER OR BOTH OF THE CHILDS PARENTS FOR THE REASONABLE NECESSITIES OF LIFE. ANY PARENT OR CHILD MAY PETITION FOR SUPPORT UNDER THIS SECTION.
IN DETERMINING THE LENGTH OF THE SUPPORT, AND HOW TO ALLOCATE SUPPORT BETWEEN PARENTS, THE COURT SHALL EXERCISE ITS DISCRETION BASED ON FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO:
1. THE CHILDS AGE;
2. THE CHILDS NEEDS;
3. EXPECTATION OF THE PARENTS FOR THEIR CHILDREN WHEN THE PARENTS WERE TOGETHER;
4. THE CHILDS PROSPECTS, DESIRES, APTITUDES, ABILITIES, OR DISABILITIES;
5. THE NATURE OF THE POST-SECONDARY EDUCATION SOUGHT;
6. THE PARENTS LEVEL OF EDUCATION, STANDARD OF LIVING, AND CURRENT AND FUTURE RESOURCES; AND
7. THE AMOUNT AND TYPE OF SUPPORT THAT THE CHILD WOULD HAVE BEEN AFFORDED IF THE PARENTS HAD STAYED TOGETHER.
THE CHILD MUST ENROLL IN AN ACADEMIC OR VOCATIONAL SCHOOL, MUST BE ACTIVELY PURSUING A COURSE OF STUDY COMMENSURATE WITH THE CHILDS VOCATIONAL GOALS, AND MUST BE IN GOOD ACADEMIC STANDING AS DEFINED BY THE INSTITUTION. THE COURT-ORDERED POST-SECONDARY EDUCATIONAL SUPPORT SHALL BE AUTOMATICALLY SUSPENDED DURING THE PERIOD OR PERIODS THE CHILD FAILS TO COMPLY WITH THESE CONDITIONS.
THE CHILD SHALL ALSO MAKE AVAILABLE ALL ACADEMIC RECORDS AND GRADES TO BOTH PARENTS AS A CONDITION OF RECEIVING POSTSECONDARY EDUCATIONAL SUPPORT.
THE COURT SHALL DIRECT THAT EITHER OR BOTH PARENTS PAYMENTS FOR POST-SECONDARY EDUCATIONAL EXPENSES BE MADE DIRECTLY TO THE EDUCATIONAL INSTITUTION IF FEASIBLE. IF DIRECT PAYMENTS ARE NOT FEASIBLE, THEN THE COURT IN ITS DISCRETION MAY ORDER THAT EITHER OR BOTH PARENTS PAYMENTS BE MADE DIRECTLY TO THE CHILD IF THE CHILD DOES NOT RESIDE WITH EITHER PARENT. IF THE CHILD RESIDES WITH ONE OF THE PARENTS, THE COURT MAY DIRECT THAT THE PARENT MAKING THE SUPPORT PAYMENTS MAKE THE PAYMENTS TO THE CHILD OR TO THE PARENT WHO HAS BEEN RECEIVING THE SUPPORT PAYMENTS.
POSTSECONDARY EDUCATIONAL EXPENSES INCLUDE, BUT ARE NOT LIMITED TO:
1. TUITION;
2. ROOM AND BOARD;
3. BOOKS;
4. MEDICAL EXPENSES, HEALTH INSURANCE, AND HEALTH FEES;
5. TRANSPORTATION (INCLUDING GAS AND CAR INSURANCE); AND
6. SCHOOL SUPPLIES AND ROOM FURNISHINGS AND SUPPLIES.
THIS SECTION APPLIES TO ALL CHILDREN PURSUING POST-SECONDARY EDUCATION ON THE EFFECTIVE DATE OF THIS STATUTE OR THEREAFTER. IT SUPERCEEDS ANY PROVISION TO THE CONTRARY PREVIOUSLY AGREED TO BY THE PARTIES OR INCORPORATED IN ANY SETTLEMENT AGREEMENT OR DIVORCE DECREE. THE SUPPORT ORDERED HEREUNDER SHALL BE RETROACTIVE TO THE DATE OF SERVICE OF THE PETITION OR NOTICE OF ORDER TO SHOW CAUSE, WHICHEVER FIRST OCCURS.
Sign PetitionSign Petition· Child Support Past Majority
· College Support
INTRODUCTION
Child Support Past Majority
This proposal offers two alternate provisions. The first proposed revision to the child support laws allows child support to continue, including medical coverage, until the child reaches the age of 23. At the time child support would terminate under current law, a parent may petition to terminate child support if the child does not attend a post-secondary educational institution or engage in vocational training.
College Support
The second proposal provides for college support for children who remain dependent on their parents after majority. The court would have the discretion to award college support based on factors such as:
· The childs age;
· The childs needs;
· Expectation of the parties for their children when the parents
were together;
· The childs prospects, desires, aptitudes, abilities, or disabilities;
· The nature of the post-secondary education sought;
· The parents level of education, standard of living, and current
and future resources; and
· The amount and type of support that the child would have been
afforded if the parents had stayed together.
Both of the proposals also address coverage for children who are more than 18 or 19 on the effective date of the statutory changes.
REASON THE LAW SHOULD BE REVISED
The age of emancipation was chosen at a time when a child could and often did leave the parental home at age 18 and earn a decent living. Today, few children are able to support themselves upon graduation from high school. In order to obtain reasonable jobs or professional training, children must pursue further education. Children remain dependent on their parents for support and financial assistance with their educational expenses long past the age of 18. Because the non-custodial parent has no legal obligation to contribute to such expenses, the burden falls upon the custodial parent. Also, many non-custodial parents resent making child support payments because they view child support as spousal support. Often the non-custodial parents priorities change after divorce, particularly if there is a new spouse or other children.
Few single parents have the financial ability to assist their children with their educational expenses. In Arizona, the cost to send a child to one of the state schools is currently approximately $12,000 a year. Further, the majority of students at ASU and U of A cannot graduate in four years, particularly those who work to help defray the cost of their schooling. This extends the cost of education from four years to at least five. Out of state tuition starts at $25,000. Federal tax credits are available only one time and are minimal. Even federal financial aid is based on the parents income. For most single parents this means that the majority of the financial aid is in the form of unsubsidized, currently payable loans. Hardest hit are single parents of middle income brackets who get little assistance from the federal government or any other source. In situations where there is more than one child in college at a time, the costs are crippling. Further, all medical expenses fall on the custodial parent after high school graduation adding to the financial burden.
At least eighteen states continue child support past the age of 18. Some states provide for college support (for example, Oregon, Illinois, and Indiana among others). The proposed legislation would not make the continuation of child support or college support mandatory, but would at least give the court the ability to continue such assistance as circumstances warrant. By continuing child support while a child pursues post-secondary education, the child is more likely to be able to pursue and complete the childs education. Further, a childs quality of life (and that of any other children in the home) is enhanced and more likely to approach that if the family had remained intact. In addition, a good student might be able to choose amongst private institutions as well as state schools. Children will have more options and the extreme financial burden on the family will be lessened. Non-custodial parents, who are generally in a better financial position than the custodial parent, will continue to share responsibility for their children until the children are indeed in a position to support themselves.
RECOMMENDED LANGUAGE
Child Support
A PARENT HAS A DUTY TO PAY SUPPORT FOR A CHILD. SUPPORT SHALL BE PROVIDED UNTIL A CHILD REACHES THE AGE OF 23. WHEN A CHILD [GRADUATES FROM HIGH SCHOOL /OR/ REACHES 19 YEARS OF AGE], UNTIL THE CHILD REACHES 23 YEARS OF AGE, A PARENT MAY PETITION TO MODIFY OR TERMINATE CHILD SUPPORT IF THE CHILD IS NOT ENROLLED IN A POST-SECONDARY OR VOCATIONAL SCHOOL.
PARENTS OF CHILDREN WHO [HAVE GRADUATED FROM HIGH SCHOOL/ ARE MORE THAN 19 YEARS OF AGE] AND LESS THAN AGE 23 ON THE EFFECIVE DATE OF THIS STATUTE, MAY PETITION TO HAVE CHILD SUPPORT PAYMENTS RESUME. THE CHILD SUPPORT OBLIGATION SO RESUMED SHALL BE RETROACTIVE TO THE DATE OF SERVICE OF THE PETITION OR NOTICE OF ORDER TO SHOW CAUSE, WHICHEVER FIRST OCCURS.
THIS SECTION APPLIES TO ALL CHILDREN LESS THAN AGE 23 ON THE EFFECTIVE DATE OF THIS STATUTE. IT SUPERCEEDS ANY PROVISION LIMITING CHILD SUPPORT TO AGE 18 OR 19 PREVIOUSLY AGREED TO BY THE PARTIES OR INCORPORATED IN ANY SETTLEMENT AGREEMENT OR DIVORCE DECREE
College Support
THE COURT SHALL ORDER SUPPORT FOR POST-SECONDARY EDUCATION EXPENSES IF THE CHILD IS IN FACT DEPENDENT AND RELIES ON EITHER OR BOTH OF THE CHILDS PARENTS FOR THE REASONABLE NECESSITIES OF LIFE. ANY PARENT OR CHILD MAY PETITION FOR SUPPORT UNDER THIS SECTION.
IN DETERMINING THE LENGTH OF THE SUPPORT, AND HOW TO ALLOCATE SUPPORT BETWEEN PARENTS, THE COURT SHALL EXERCISE ITS DISCRETION BASED ON FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO:
1. THE CHILDS AGE;
2. THE CHILDS NEEDS;
3. EXPECTATION OF THE PARENTS FOR THEIR CHILDREN WHEN THE PARENTS WERE TOGETHER;
4. THE CHILDS PROSPECTS, DESIRES, APTITUDES, ABILITIES, OR DISABILITIES;
5. THE NATURE OF THE POST-SECONDARY EDUCATION SOUGHT;
6. THE PARENTS LEVEL OF EDUCATION, STANDARD OF LIVING, AND CURRENT AND FUTURE RESOURCES; AND
7. THE AMOUNT AND TYPE OF SUPPORT THAT THE CHILD WOULD HAVE BEEN AFFORDED IF THE PARENTS HAD STAYED TOGETHER.
THE CHILD MUST ENROLL IN AN ACADEMIC OR VOCATIONAL SCHOOL, MUST BE ACTIVELY PURSUING A COURSE OF STUDY COMMENSURATE WITH THE CHILDS VOCATIONAL GOALS, AND MUST BE IN GOOD ACADEMIC STANDING AS DEFINED BY THE INSTITUTION. THE COURT-ORDERED POST-SECONDARY EDUCATIONAL SUPPORT SHALL BE AUTOMATICALLY SUSPENDED DURING THE PERIOD OR PERIODS THE CHILD FAILS TO COMPLY WITH THESE CONDITIONS.
THE CHILD SHALL ALSO MAKE AVAILABLE ALL ACADEMIC RECORDS AND GRADES TO BOTH PARENTS AS A CONDITION OF RECEIVING POSTSECONDARY EDUCATIONAL SUPPORT.
THE COURT SHALL DIRECT THAT EITHER OR BOTH PARENTS PAYMENTS FOR POST-SECONDARY EDUCATIONAL EXPENSES BE MADE DIRECTLY TO THE EDUCATIONAL INSTITUTION IF FEASIBLE. IF DIRECT PAYMENTS ARE NOT FEASIBLE, THEN THE COURT IN ITS DISCRETION MAY ORDER THAT EITHER OR BOTH PARENTS PAYMENTS BE MADE DIRECTLY TO THE CHILD IF THE CHILD DOES NOT RESIDE WITH EITHER PARENT. IF THE CHILD RESIDES WITH ONE OF THE PARENTS, THE COURT MAY DIRECT THAT THE PARENT MAKING THE SUPPORT PAYMENTS MAKE THE PAYMENTS TO THE CHILD OR TO THE PARENT WHO HAS BEEN RECEIVING THE SUPPORT PAYMENTS.
POSTSECONDARY EDUCATIONAL EXPENSES INCLUDE, BUT ARE NOT LIMITED TO:
1. TUITION;
2. ROOM AND BOARD;
3. BOOKS;
4. MEDICAL EXPENSES, HEALTH INSURANCE, AND HEALTH FEES;
5. TRANSPORTATION (INCLUDING GAS AND CAR INSURANCE); AND
6. SCHOOL SUPPLIES AND ROOM FURNISHINGS AND SUPPLIES.
THIS SECTION APPLIES TO ALL CHILDREN PURSUING POST-SECONDARY EDUCATION ON THE EFFECTIVE DATE OF THIS STATUTE OR THEREAFTER. IT SUPERCEEDS ANY PROVISION TO THE CONTRARY PREVIOUSLY AGREED TO BY THE PARTIES OR INCORPORATED IN ANY SETTLEMENT AGREEMENT OR DIVORCE DECREE. THE SUPPORT ORDERED HEREUNDER SHALL BE RETROACTIVE TO THE DATE OF SERVICE OF THE PETITION OR NOTICE OF ORDER TO SHOW CAUSE, WHICHEVER FIRST OCCURS.
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