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 be in terms of their financial contributions to ...
Tag: who pays
February 20, 2019CD
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 of his or her obligation to contribute toward ...
November 14, 2018CD
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 types of expenses will be included. This blog ...
September 12, 2018CD
As a general rule, each side pays their own legal fees under the American system of law. In divorce, paternity, and post-divorce litigation there are unique provisions not found in other civil law whereby attorneys fees may be awarded. They are not common, but the subject of this blog post. The first and newly decided way attorneys fees may be awarded is through divorce cases that are settled by domestic arbitration. In an October 2016 case, the Indiana Supreme Court decided that under the Family Law Arbitration Act a family law arbitration has broad discretion to award attorneys fees in deciding ...
December 23, 2015Adam Hayes
Legal matters, particularly lawsuits, address complex matters that tear at the social fabric of our diverse society, ranging from criminal cases, such as murder, to a hostile divorce proceeding between spouses disputing custody. As wide spread misconception is that the other side, who litigants often believe will “lose,” should or will be ordered to pay legal fees. In the United States, and in Indiana,1 started with English law or common law. Under the English Rule, the party that loses or does not prevail pays the legal fees for both litigants. However, the US and Indiana quickly adopted the “American Rule” in ...
September 16, 2015Adam Hayes