Four Critical Concepts for Post-Secondary Expenses
College costs and other post-secondary expenses continue to rise, and articles about these increasing costs and the growing debt that many students come out of college with are nearly everywhere you look. In fact, apart from buying a home, attending college or another type of post-secondary institution may be the biggest expense that one has in their life. Sometimes, the divorced parents of a child who plans on attending college or another post-secondary institution may have very different opinions about what they believe their respective roles should ... Read More
20
Feb2019
14
Nov2018
Can I Be Required to Contribute Toward My Kid’s College Expenses If We Have Had No Relationship After the Divorce1?
Maybe? Maybe not! Under Indiana law, there is no absolute duty for a divorced parent to be ordered to contribute toward his or her adult child’s college expenses. Generally, Indiana divorce courts order divorced parents to pay toward their adult child’s college.2 However, where repudiation can be established—that there is no relationship between the adult child and parent--the court may determine the child has repudiated the relationship with the parent and relieve him ... Read More
12
Sep2018
If you are divorced, and your children plan to attend college, the divorce court can order you to contribute to college expenses after the children turn eighteen.1 If your dissolution decree does not address the division of college expenses, there is significant potential for argument and litigation over what amount each parent should pay; how the child will contribute; and what expenses will be included in an order to pay college expenses. Indiana courts have wide discretion over the amounts that each parent may be required to pay, as well as what ... Read More
04
Oct2017
In a key case decided by the Indiana Court of Appeals, it clarified two important points about family law and college 529 accounts. These are educational accounts opened by a parent or parents for payment of college expenses for their children, with a parent as an owner and the child as a beneficiary.
Normally, a petition for college expenses has to be filed before the age the child is emancipated as a matter of law at age 19.1 This was a point of contention in this new case. ... Read More
02
Aug2017
In an important case decided today by the Indiana Court of Appeals,1 it carefully delineated for attorneys and litigants when and what are the differences between child support and educational expenses and extraordinary educational expenses. Critically, it drew the line where expenses are not related educational expenses.
Generally, divorced parents or those with children born outside of marriage believe their financial duties to children end when they turn 18; but this is not the case if the child has the ... Read More
14
Feb2017
A controversial topic across the United States with divorced families or children born out of wedlock is: “Who pays for post-secondary education?” Post-secondary education is generally defined as education beyond high school.
A recent national case in New Jersey brought this matter to the forefront. Here Caitlyn Ricci sued her parents for tuition at Temple University and lost that battle.1 This blog covers post-secondary education as a policy and as it applies in Indiana.
In many states, the duty to pay any support for a child, ... Read More
07
Jul2016
All issues involving child custody and child support have significant social, political, economic and psychological dynamics operating within the legal system and controlling laws. Two key policies that support the law is to maintain the child with a style of living as if the parents were married and meet the child’s best interests.
In the very broad area, this blog post explores three trends that are slowly changing domestic law across the country: joint custody, child support ending at age 18, and third parties ... Read More
22
Jun2016
A common misconception between parents of young children during divorce is that “child support” stops when the child(ren) turn 18. This is not the case necessarily in Indiana, which is the subject of this blog.
First, it is important to note that Indiana is one of the few states that has a statute in the Divorce and Paternity Act providing that a parent may be ordered to pay educational ... Read More
27
Aug2015
Although in Indiana the current age of emancipation by statute is 19 years of age, meaning the age at which the duty for child support is terminated by statute, a parent may be responsible and have a duty to continue to provide educational expenses of a child enrolled in higher education.
Pursuant to state statute, Indiana Code §31-16-6-2(a)(1), a court may enter an educational support order for a child’s education at a post-secondary educational institution. In a recent case the definition of the educational expense ... Read More
12
May2015
Indiana law changed several years ago to terminate a parent’s general duty to pay child support at 19. However, this law left in place language that allowed a trial court to have the discretion to award higher education expenses.1 Courts frequently award such colleges expenses.
This has been subject to great debate among Hoosiers as many states end all support at or around 19. The reason age 19 is part of many statutes is because a senior in high school may turn 19 during his or her senior year.
In Indiana, SB ... Read More
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