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
12
Sep2018
22
Sep2017
Throughout the last several years, the concept of parenting coordination has been catching on in Indiana. Effectively, Parenting Coordinators (known as “PCs” in high conflict matters) help parties resolve disputes in real time so children do not miss events or time with the other parent. The only other viable option before parenting coordination was a contempt petition or other legal filing in court, which was heard after the fact.
As of January 1, 2017, the Indiana Supreme Court officially recognized Parenting Coordination; it approved rules regarding ... 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
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
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
12
Sep2013
Previous blog posts have explored several subparts and nuances of the amended statute on emancipation for purposes of child support1, passed in July, 2012. However, a recent amendment and additional terms have been added to the statute, retroactive to July 1, 2012, which clarify when college expenses can be petitioned for.
Recently, the Indiana Court of Appeals addressed a case involving a dismissal of a father’s petition for postsecondary educational expenses for ... Read More
09
May2013
In Indiana, children of parents who are divorced, or were never married are entitled to child support from both parents according to each parent’s respective income, the amount of time the child spends with each parent, and other factors.1, 2 Child support is an obligation of both parents to the child until the child reaches the age of nineteen (19).3 Generally, the noncustodial parent pays child support payments to ... Read More
10
Jan2013
What Are They? When Can They Be Modified?
Under a recent modification to the age of emancipation under Indiana Law, children are emancipated for child support purposes at the age of nineteen (19)1. However, at age nineteen (19), many children are attending college or other secondary education.
It should be noted under the new statute, that if the child support order is prior to July 1, 2012 (date of the statute modification), the child has until age twenty-one (21) to petition for educational expenses. If the order ... Read More
23
Oct2012
As of July 1, 2012, a new statute regarding emancipation of children for child support matters went into effect. Previous blog posts have examined the intricacies of the new law, and some cases after its inception.
However, recently, the Committee that helped enact the new law is taking a second look at it. The Child Support and Custody Advisory Committee met Tuesday, October 2, 2012 to discuss the recently passed and enacted law1.
The main ... Read More