Just about every parent wants the best for their offspring. Many agree that paying college tuition is an investment in their future. That doesn’t mean that parents do not expect to be involved in the process. What is the law when it comes to paying tuition for your children?
We’ve previously provided you some insight concerning divorce’s impact on your obligation to pay your child’s college tuition. This can even be an issue when the parents’ marriage is intact, and the child is estranged. The thought of children suing for tuition is not novel. In fact, it was the subject of a recent court decision.
Children’s “Right” to College Tuition
We never use blogs as a source for our own articles. However, we are going to make an exception. The mother in this case decided to blog about her concerns when the case was before the lower court. The mom’s blog is entitled “The Age of Entitlement.”
Obviously, the mother’s thoughts gives you her perspective. Let’s turn to the facts as presented in the court decision. The Appellate Court’s Opinion is extremely important as it made new law.
Lower Court Case
Caitlyn Ricci had her paternal grandparents’ help in pursuing a case demanding that her parents fund her college education. Caitlyn’s parents were divorced when she was four years old. Her mother assumed residential custody; Dad consistently exercised his parental rights and paid child support.
After Caitlyn graduated from high school in 2012, she started part time classes at a community college. Her father paid the tuition. Although her parents were divorced, they communicated regularly about decisions relating to their daughter. Neither mother nor father felt that Caitlyn was ready to go away to college. Both parents expressed concerns regarding the use of marijuana and underage drinking. It also appeared that Caitlyn did not find it necessary to adhere to the rules set in her mom’s household.
In February 2013, Caitlyn moved out of her mother’s home and took up residence with her father’s parents. Her father was estranged from his mom and dad. Caitlyn claimed that her mother asked her to leave. Her mom’s version was she left on her own. Nonetheless, Caitlyn’s parents both agreed that their daughter was now emancipated. The court concurred and ordered the father to stop paying child support.
The grandparents agreed to provide the funding for Caitlyn to challenge the emancipation decision by the lower court. Caitlyn indicated that she was attending community college on a full-time basis. She had requested that her parents pay for her tuition and claimed that their denial was based on her decision not to live with either of them.
Caitlyn was declared “unemancipated” (sic) for purposes of college tuition payments. This was done without the benefit of a plenary hearing. The judge felt this was the “best economic decision.” The parents were ordered to split Caitlyn’s community college tuition, minus any student loans.
The matter escalated when Caitlyn decided not to finish her associate’s degree at the community college and move on to a Pennsylvania university. The change in cost was monumental, but nevertheless, Caitlyn figured her parents should continue to pay for her education.
Parents and the Decision Making Process Regarding College
After it was evident that her parents were not going to go with the increase in tuition, Caitlyn returned to court. The case was assigned to a different family court judge than the one who found Caitlyn was not emancipated. The matter was referred to economic mediation, which was not successful. Ultimately, the court decided that the parents would split the university tuition costs.
A series of reconsideration motions ensued. Both Caitlyn and her parents appealed the resultant orders to the Appellate Division. First, the court concluded that the original order regarding tuition only applied to the payment of one academic year at community college.
The court also noted that as a matter of law, “parent cannot be viewed as a “wallet” and deprived of involvement of college decision-making process.” The Appellate Division expressed an understanding concerning the lower court’s choice to forego a plenary hearing regarding emancipation. Nevertheless, the case was referred back to the lower court to consider Caitlyn’s emancipation and whether college payments should be made.
Contact Us
Have questions regarding emancipation or college tuition payments? At the Law Offices of Sam Stoia, we are pleased to offer you assistance. Contact our office for a complimentary appointment.