Child Support for Children over 18 years of age

[denise.book]

What is the name of your state? Indiana

My fiance has had custody of his 4 boys for the past 5 years, and did not receive any child support from his x-wife because of a deal they made because of his retirement. After 4 years, she was to start paying child support, but refused, so he took her to court. Since he did that, his children were upset with him and decided to move in with her. They have been with her since November 05 and refuse to come home. She is now filing custody for them.

Here are the ages of his children:

One is 19 years old, working and we think he is still going to college (although he had 4 F's on his last grading period). My fiance has taken out a loan to pay for this ones college, and is obligated to make the payments, but his son is failing and my fiance doesn't even know if his son is going to college or not.

One is 18 years old, just graduated from high school, and we think he may be working, but we have no idea what he is planning for his future. He said he was going to college, but has no scholarship or Government grant to help him. He also has no college that has accepted him and hasn't told his father where he plans to attend or if he plans to attend.

The other two are 16 & 14. He is happy to pay child support for them, if he loses custody.

Our question is this: Since the two olders ones were already 18 and over before the custody dispute, would he be responsible for paying child support for them? He wants to pay half for their college if they are going, but they will not tell him what they are doing.

Thank you for your time.
Denise Book

 

[LdiJ]

What is the name of your state? Indiana

My fiance has had custody of his 4 boys for the past 5 years, and did not receive any child support from his x-wife because of a deal they made because of his retirement. After 4 years, she was to start paying child support, but refused, so he took her to court. Since he did that, his children were upset with him and decided to move in with her. They have been with her since November 05 and refuse to come home. She is now filing custody for them.

Here are the ages of his children:

One is 19 years old, working and we think he is still going to college (although he had 4 F's on his last grading period). My fiance has taken out a loan to pay for this ones college, and is obligated to make the payments, but his son is failing and my fiance doesn't even know if his son is going to college or not.

One is 18 years old, just graduated from high school, and we think he may be working, but we have no idea what he is planning for his future. He said he was going to college, but has no scholarship or Government grant to help him. He also has no college that has accepted him and hasn't told his father where he plans to attend or if he plans to attend.

The other two are 16 & 14. He is happy to pay child support for them, if he loses custody.

Our question is this: Since the two olders ones were already 18 and over before the custody dispute, would he be responsible for paying child support for them? He wants to pay half for their college if they are going, but they will not tell him what they are doing.

Thank you for your time.
Denise Book

In Indiana child support goes to age 21 or emancipation, whichever comes first. It does not appear to me that either of the older children meet the qualifications for emancipation at this point. He could certainly try to have the court declare them to be emancipated, but I think it would be a long shot right now.