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Senate: Divorced parents can’t be made to pay for college

Started by Brent, Jan 11, 2004, 08:18:38 AM

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Brent

Senate: Divorced parents can't be made to pay for college


By ANNE SAUNDERS
The Associated Press
Published: Thursday, Jan. 8, 2004

CONCORD - The state Senate voted Wednesday to bar judges from ordering divorced parents to pay their children's college expenses.

The 20-2 vote sent the bill to Gov. Craig Benson for signature. The House had approved it last year.

Judges cannot ordered married couples to pay for college tuition, and it would be unfair to apply a different standard to those who are divorced, said Sen. Frank Sapareto, R-Derry.

"If a college education is to become public policy, it should be for all parents, not just divorced parents," added Sen. Robert Clegg, R-Hudson.

Lawmakers wanted to reverse a state Supreme Court ruling extending a divorced father's child support for his daughter while she attended college.

Clegg said parents can make divorce agreements that cover college expenses even though judges can't. Judges can approve the agreements and enforce them.

Other states allow judges to order a divorced parent to pay college expenses for their children. Studies show the children are less likely to go to college.

The Senate also approved a bill that would seal financial records in divorce proceedings. The Senate said the information can be released if someone can convince a judge the public interest is served.

Supporters of restricting access argue affidavits provide information that could be exploited by stalkers or identity thieves.

But those who want divorce records to remain open say the public can't evaluate the fairness of property divisions and child support orders if they can't see the facts underlying those decisions.

Clegg said the added exception protects the public interest but establishes "a high standard to protect the privacy of divorcing parties."

The bill goes back to the House.

The Senate also approved and sent back to the House a bill that would make it easier to change a child custody arrangement if the court is convinced the existing arrangement is detrimental to the child. The current rule allows for a change only if there is a "strong possibility the child will be harmed" without it.


http://nsnlb.us.publicus.com/apps/pbcs.dll/article?AID=/20040108/NEWS02/201080428