So, the NH legislature has just restored the ability for parents to provide for their children’s college education. Something that parents in every state I’m aware of never lost!

However, the NH Court still cannot order parents to contribute without an agreement, but will enforce their agreement.

The Court posted online yesterday a new Final Divorce Decree Form, with this new language:

IMPORTANT NOTE: The court cannot order parties to pay for college or other educational expenses beyond the completion of high school unless BOTH parties agree. However, if the parties agree to contribute to these expenses by checking the boxes in Section 4, below, this agreement will become an enforceable order of the court.

The parties agree to contributions to college or other educational expenses beyond the completion of high school in the following manner:

Type of contribution (check all that apply):

 Contributions to an account by Petitioner Respondent Both (Specify the amount and frequency of contributions and account information. Also specify what will happen to the contributions in the event the child does not incur post-secondary educational expenses):

Contribution of an asset: (Specify the account or other asset being contributed and its current balance or value. If an asset is identified specify how the asset will be used. Also specify what will happen to the contributions in the event the child does not incur post-secondary educational expenses):

Payments shall be made as post-secondary education expenses are incurred. Payments shall be made by Petitioner Respondent Both (Specify amount to be paid by each party or the percentage or other formula agreed upon to determine the post-secondary education expense obligation agreed to by the parties):

Select one of the following:

Both parties agree that this post-secondary educational expense agreement IS modifiable based on a substantial change in circumstances that was not foreseeable when the agreement was signed.

Both parties agree that this post-secondary education expense agreement is NOT modifiable and the specific dollar amount to be contributed by either or both parents is set forth above.

Note: Before any court hearing to modify or enforce the agreement described above, the parties shall participate in mediation.