Don't get too excited
Here's another one I like...(
Bold mine)
Frequently Asked Questions: Post-Secondary Educational Support
What authority allows courts to order the payment of post secondary educational support?
In general, RCW 26.09 gives trial courts discretion to award post secondary education support for adult children who are dependent. A court can either recognize a contractual agreement between the parties to pay post secondary education expenses or
can order these expenses to be paid upon a showing of certain standards.
What are the standards for payment of post-secondary educational support?
The standards are found at RCW 26.19.090. Standards for postsecondary educational support awards, which states as follows:
"(1) The child support schedule shall be advisory and not mandatory for postsecondary educational support.
(2) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following:
Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together.
(3) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution.
The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions.
(4)
The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225.
(5) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities.
(6) The court shall direct that either or
both parents' payments for postsecondary 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 transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments."
My child is 18 years old, lives with his mother, and has a job. At one point does he stop being dependent?
The determination of dependency is the most important factor contained within these standards. Guidelines for determining dependency were established in Childers v. Childers, 89 Wn.2d 592, 575 P.2d 201 (1978). A dependent is "one who looks to another for support and maintenance, one who relies on another for the reasonable necessities of life." Id. at 598.
When dependency ends is a factual determination to be made from surrounding circumstances, such as child's needs, prospects, desires, aptitudes, abilities and disabilities, parents' level of education, standard of living and current and future resources, and amount and type of support child would have been afforded if parents had not divorced. Oblizalo v. Oblizalo, 776 P.2d 166, 54 Wash. App. 800 (1989). In Oblizalo, the court found that the child had a debilitating arthritic condition which had and would continue to require surgery and therapy. The child had also developed Reiter's Syndrome, for which he required additional therapy six times per week.
If my former husband and I agree to pay post-secondary educational support, what should be included in the agreement?
An agreement which includes a requirement to pay college expenses must clearly express the length and type of support. The Washington Family Law Deskbook suggests four general areas of clarification.
1. Defined time limit of support.
2. Maximum level of cost.
3. How parents will share expenses.
4. What the child is required to do.
Am I still required to pay post-secondary educational support if a trust fund has been established for my child?
An educational trust fund established by either the parents or a third party does not obviate the parents' obligation to pay for college expenses if, by agreement or court order, the parents are responsible of the expenses. See, Huff v. Huff, 68 Wn.2d 501, 413 P.2d 818 (1966). However, the existence of the trust fund may reduce the extent of each parent's obligation.
My children are very young. How can post-secondary educational support be determined for them now?
The issue of support for post secondary education can be reserved for later determination by entering a finding that the child's needs for post-majority educational expenses cannot be determined at time decree is entered and that the matter may be heard de novo if the future. Failure to preserve the issue may bar subsequent modification if the need for support is known to the parents at the time of decree. See, In re Marriage of Zander, 39 Wn. App. 787, 275 P.2d 976 (1989).
***Sounds like CS to mom could be reduced (only 1 child at home) and the post secondary support would be paid directly to son or the school. Also, what about mom having to pay part???
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