Date: August 30, 2011
By: Attorney Deborah L. O'Neill, Associate,
DiFruscia Law Offices
This week's article is in response to questions we have received about child support and college expenses after divorce.
In the State of New Hampshire, child support is governed by statute. Adhering to the statute, the court determines the amount of child support on or about the time of divorce. The amount of support is stated in an order of the court. The custodial parent will receive child support for the child until the child completes his or her high school education or reaches the age of 18 years, whichever is later, or marries, or becomes a member of the armed services. At the time any of these events occur, the child support terminates. No action from the court is necessary for the order to terminate.
An exception exists for a disabled child. If the child support order involves a disabled child, the court will determine the duration of the child support order. The order may extend beyond the child's eighteenth birthday.
On February 2, 2004, New Hampshire amended its' child support statute to read, "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." This means that if you were divorced in the State of New Hampshire after February 2, 2004, any provision in your divorce agreement relating to payment of college expenses is not enforceable. If you were divorced prior to February 2, 2004, and you have a provision in your divorce decree requiring contribution to your child's college education, that provision is enforceable.
If you have any questions or any comments please feel free to call our office at (978) 687-1777 or email me at doneill@difruscialaw.com.
Our cable television show continues to air each week. Be sure to tune in to "The Law and You," hosted by Attorney Anthony DiFruscia of DiFruscia Law Offices, which airs on the Windham Cable Channel 21. This month's guest is Attorney Armand Hyatt of Salem, NH. For more information, please contact Kelly McLaughlin at (603) 434-0300.
