Pina v. Pina, No. Fa86 0081344 S (Jan. 15, 1999)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION de MOTION TO TERMINATE STAY OF EXECUTIONThe plaintiff-appellee has moved for a termination of the automatic stay of execution with regard to payments of college education expenses. A hearing was held on May 19, 1998.

Section 4046 referenced in the motion has been renumbered Section 61-11. The plaintiff characterizes college expenses as child support. Connecticut General Statute § 46b-66 states, inter alia,

"If the agreement is in writing and provides for the care, education, maintenance or support of a child beyond the age of eighteen, it may also be incorporated or otherwise made a part of any such order and shall be enforceable to the same extent as any other provision of such order or decree, notwithstanding the provisions of section. 1-1d."

CT Page 280

The clause

". . . provides for the care, education, maintenance or support . . . (emphasis added) is written in the conjunctive clearly indicating that support is separate and distinct from education.

The motion is denied.

HARRIGAN, J.