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 ability for and wishes to go to college. This blog addresses the key differences between child support and college expenses so ...
Tag: educational expenses
August 2, 2017CD
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be ordered to pay educational expenses once a child has reached the age of majority (i.e., eighteen).1 Most states have repealed the laws requiring divorced parents to pay and provide for college expenses. The minority of states ...
June 22, 2016Adam Hayes
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 at a post-secondary educational institution became the issue. A trial court granted graduate school expenses and ...
August 27, 2015Adam Hayes
Consequences for “Willful Failure” to Comply In domestic law, cases often involve the issuance of several orders by the Court for a number of different issues and reasons. For example, the court may issue orders regarding child support, finances, debt, and/or health insurance coverage during the pendency of the divorce. These orders may come down separately as the issues arise and/or be a part of the final dissolution order. Every order issued by the Court is an order the parties must follow and fulfill, or the party who does not may face a motion for contempt (or, rule to show cause as ...
July 5, 2012CD
A topic Ciyou & Dixon, P.C. has blogged about before is the new emancipation statute effective July 1, 2012, the new child support statute inIndianagoes into effect. However, there has been a recent case decided by the Indiana Court of Appeals which gives into how the Indiana Court of Appeals may view and apply this new law. To recap, the new child support emancipation differs from the current version mainly due to the change in the child’s age to terminate child support. Under the current (soon to be old law) children generally receive child support until they turned twenty-one (21). Under ...
June 14, 2012CD
Starting in July 1st of this year, the age children are emancipated for the purpose of child support will change from 21 to 19. With the enactment of this new law, there will be a transition time where attorneys advocate it meanings, and the trial court and ultimately Indiana’s appellate courts agree or disagree to give it legal meaning. The scope and limits of this new statute are undetermined at this time. One of the main topics addressed in the new statute is education. There is a specific exception for educational expenses to be allowed to continue–after age 19-- by order ...
May 1, 2012CD