Relating to the postsecondary education subsidy

This bill amends provisions relating to a postsecondary education subsidy. Under current law, a “postsecondary education subsidy” is defined as an amount which either party may be required to pay under a temporary order or final judgment or decree for educational expenses of a child who is between the ages of and years if the child is regularly attending a course of career and technical training either as a part of a regular school program or under special arrangements adapted to the individual person’s needs; or is, in good faith, a full-time student in a college, university, or community college; or has been accepted for admission to a college, university, or community college and the next regular term has not yet begun. A postsecondary education subsidy may be ordered by the court if good cause is shown based upon criteria specified by law. The law also specifies how the subsidy is payable; the effect on the payment of the subsidy resulting from repudiation of a parent by the child; the obligations of the child; the application to existing support orders, decrees, or judgments; and the necessary content of the order. Under the bill, the current Code section relating to the provision of a postsecondary education subsidy is stricken and replaced to instead provide for the ordering of a postsecondary education subsidy by the court only if mutually agreed upon in writing by the parties. The subsidy remains payable to only the child, to the educational institution, or to both, but not to the custodial parent. With regard to the applicability of the new provision, a support order, decree, or judgment entered or pending before July 1, 2021, that provides for support of a child for college, university, or community college expenses may be modified in accordance with the bill. The bill makes other conforming Code changes to reflect the new requirements for the ordering of a postsecondary education subsidy under the bill.