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
04
Oct2017
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
08
Jan2015
In a domestic law matter, often, child support is one of the main issues that parties disagree about. Who will pay? How much credit will be given? In Indiana, child support is based on a formula, and once the required numbers and information are placed into the worksheet, the total for child support is calculated and determined1.
The Child Support Rules and Guidelines provide for a division of many of the expenses. For example, the health insurance premium for the minor children only is a factor in determining ... Read More
04
Nov2014
As the end of summer nears and schools are beginning to prepare for a new year, the question of costs associated with education is often one on the minds of parents. Who will pay for back to school clothes, field trips, and book fees? The answer depends.
The Indiana Child Support Rules and Guidelines provide guidance as to some of these fees1. For example, clothing, book fees, and supplies are considered controlled expenses. These expenses are costs that are incurred on behalf of the child, that are ... Read More
24
Jun2014
There is no doubt the divorce process is long, stressful, and expensive, so when it is final, and you can start to move forward with your life, it’s easy to lose track of many important documents and considerations. Many attorneys will withdraw from your case after the final order is issued, because, for all intents and purposes, the scope of what you retained them to do is complete. However, and especially if you have children with your now ex-spouse, there are ... Read More
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