An Act To Require Consideration of Higher Education for Children during Divorce Deliberations
Maine Legislature, Session 125, LD 0318
Committee: Judiciary
Sponsors: SULLIVAN, NELSON
Amends: 19-A MRSA §1001, 19-A MRSA §1653, 19-A MRSA §2006

Legislative Document 
No. 318 
S.P. 98 
In Senate, February 8, 2011 
An Act To Require Consideration of Higher Education for Children 
during Divorce Deliberations 
Reference to the Committee on Judiciary suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SULLIVAN of York. 
Cosponsored by Representative NELSON of Falmouth. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §1001, as enacted by PL 1995, c. 694, Pt. B, §2 and affected 
by Pt. E, §2, is amended to read: 
§1001.  Parental rights and responsibilities 
The court entering an order for divorce may make an order awarding parental rights 
and responsibilities with respect to a minor child of the parties in accordance with chapter 
55. Before entering an order awarding parental rights and responsibilities, the court shall 
consider the cost of postsecondary education and how the cost will be treated once each 
minor child of the parties reaches grade 11 in secondary school. 
Sec. 2.  19-A MRSA §1653, sub-§2, ¶D, as amended by PL 2009, c. 345, §1, is 
further amended to read: 
D.  The order of the court awarding parental rights and responsibilities must include 
the following: 
(1)  Allocated parental rights and responsibilities, shared parental rights and 
responsibilities or sole parental rights and responsibilities, according to the best 
interest of the child as provided in subsection 3.  An award of shared parental 
rights and responsibilities may include either an allocation of the child's primary 
residential care to one parent and rights of parent-child contact to the other 
parent, or a sharing of the child's primary residential care by both parents.  If 
either or both parents request an award of shared primary residential care and the 
court does not award shared primary residential care of the child, the court shall 
state in its decision the reasons why shared primary residential care is not in the 
best interest of the child; 
(2)  Conditions of parent-child contact in cases involving domestic abuse as 
provided in subsection 6; 
(3)  A provision for child support as provided in subsection 8 or a statement of 
the reasons for not ordering child support; 
(4)  A statement that each parent must have access to records and information 
pertaining to a minor child, including, but not limited to, medical, dental and 
school records and other information on school activities, whether or not the 
child resides with the parent, unless that access is found not to be in the best 
interest of the child or that access is found to be sought for the purpose of causing 
detriment to the other parent. If that access is not ordered, the court shall state in 
the order its reasons for denying that access; 
(5)  A statement that violation of the order may result in a finding of contempt 
and imposition of sanctions as provided in subsection 7;  
(6)  A statement of the definition of shared parental rights and responsibilities 
contained in section 1501, subsection 5, if the order of the court awards shared 
parental rights and responsibilities; and 
(7)  If the court appoints a parenting coordinator pursuant to section 1659, a 
parenting plan defining areas of parental rights and responsibilities within the 
scope of the parenting coordinator’s authority.; and 
(8)  For minor children once they reach grade 11 in secondary school, an 
explanation of how the costs of postsecondary education will be addressed. 
An order modifying a previous order is not required to include provisions of the 
previous order that are not modified. 
Sec. 3.  19-A MRSA §2006, sub-§8, ¶G, as amended by PL 2009, c. 290, §15, is 
further amended to read: 
G.  With regard to any initial or modified child support order that affects more than 
one child and that was entered before January 18, 2005, unless that order states the 
manner in which the order must be modified upon the events listed in subparagraphs 
(1) to (4), that the order be automatically modified pursuant to this paragraph to 
address any of the following events: 
(1)  Any child reaches 18 years of age and has graduated from secondary school; 
(2)  Any child reaches 19 years of age without having graduated from secondary 
school; 
(3)  Any child obtains an order of emancipation; or 
(4)  Any child dies. 
As of the date of an event listed in subparagraphs (1) to (4), the total child support 
amount stated in the order must be decreased by the child support amount assigned to 
that child in the worksheets accompanying the child support order or as set forth in 
the order; and 
Sec. 4.  19-A MRSA §2006, sub-§8, ¶H, as enacted by PL 2009, c. 290, §16, is 
amended to read: 
H.  A requirement that private health insurance must be provided for the benefit of 
the child, if private health insurance for the child is available at reasonable cost.  If 
private health insurance for the child is not available at reasonable cost at the time of 
the hearing, a requirement that private health insurance for the child must be provided 
effective immediately upon being available at reasonable cost.; and 
Sec. 5.  19-A MRSA §2006, sub-§8, ¶I is enacted to read: 
I.  With respect to any minor children once they reach grade 11 in secondary school, 
an explanation of how the costs of postsecondary education will be addressed. 
SUMMARY 
This bill requires that divorce decrees and other orders establishing parental rights 
and responsibilities include an explanation of how the costs of postsecondary education 
will be addressed.  The explanation is required for orders pertaining to children when the 
children reach grade 11 in secondary school.