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College - who pays what?

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MMCVMC

Junior Member
What is the name of your state? Indiana

My husband has 2 girls from a pervious marriage.They are 13 and 11. We have 2 sons together that are 3 and 2. Now, his ex-wife just got re-married to a man that has a daughter that lives with him 24/7 and is 3. The ex-wife now wants my husband to pay for their college 100%. She plans on sending them to a college that is far away so that there will be room and board to pay, also. Can she do this? I have a 13 yr old son from a perviuos marriage and neither of us are responsible for his college. My parents were divorced, but, neither one of them payed for my college. What can we do to protect ourselves so we don't go indebt and lose everything when the girls go to college?
Please help.:confused:What is the name of your state?
 


Neal1421

Senior Member
MMCVMC said:
What is the name of your state? Indiana

My husband has 2 girls from a pervious marriage.They are 13 and 11. We have 2 sons together that are 3 and 2. Now, his ex-wife just got re-married to a man that has a daughter that lives with him 24/7 and is 3. The ex-wife now wants my husband to pay for their college 100%. She plans on sending them to a college that is far away so that there will be room and board to pay, also. Can she do this? I have a 13 yr old son from a perviuos marriage and neither of us are responsible for his college. My parents were divorced, but, neither one of them payed for my college. What can we do to protect ourselves so we don't go indebt and lose everything when the girls go to college?
Please help.:confused:What is the name of your state?
Is there anything in the order that addresses college tuition?
 

Neal1421

Senior Member
If the judge orders that he pay any of it at all, it will not be the full amount. He will not be ordered to do that so she needs to get that out of her head.
 

MMCVMC

Junior Member
Alright, but, how much could he be order to pay though? I know with the newer laws for CS, our 2 children cut down on the girls CS. Does supsqiuncal(sorry bad speller) children affect that too?
 

bononos

Senior Member
b. Post_Secondary Education. The authority of the Court to award post_secondary educational expenses is derived from IC 31_16_6_2. It is discretionary with the court to award post_secondary educational expenses and in what amount. In making such a decision, the court should consider post_secondary education to be a group effort, and weigh the ability of each parent to contribute to payment of the expense, as well as the ability of the student to pay a portion of the expense.

No one can even guess how much.

Indiana Laws on College Expenses.
Under Indiana laws, a court can award college expenses as part of a child support order, taking into account:

(A) the child's aptitude and ability;

(B) the child's reasonable ability to contribute to educational expenses through work, loans, and other sources of financial aid reasonably available to the child and each parent; and

(C) the ability of each parent to meet these expenses;

-From 31-16-6-2 of the Indiana Code.
 
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MMCVMC said:
Alright, but, how much could he be order to pay though? I know with the newer laws for CS, our 2 children cut down on the girls CS. Does supsqiuncal(sorry bad speller) children affect that too?
I would imagine that if it were ordered then mom would have to pay a portion as well (which may make her rethink the whole thing). I doubt he'll have to pay 100%, she's either just screwing w/ him or doesn't know what she's talking about.
 

ceara19

Senior Member
AmarieNorton said:
I would imagine that if it were ordered then mom would have to pay a portion as well (which may make her rethink the whole thing). I doubt he'll have to pay 100%, she's either just screwing w/ him or doesn't know what she's talking about.
I don't see it being ordered 8 years after the fact. This is something that should have been addressed when the FIRST orders set.
 

haiku

Senior Member
well I can't wait to see if these plans she made at age 11, pan out when this kid is 18...LOL
 

MrsK

Senior Member
bononos said:
(C) the ability of each parent to meet these expenses;

-From 31-16-6-2 of the Indiana Code.
I would think, with your other children, that your "ability to pay" is not as great as if you & your husband had no other children...of course it would also depend on salary, possibly on cost of living, etc. (not to mention this:

(A) the child's aptitude and ability;

(B) the child's reasonable ability to contribute to educational expenses through work, loans, and other sources of financial aid reasonably available to the child and each parent)

And, mom would likely be ordered to pay just as much of it as dad. She may not be as likely to try and get this ordered once she finds out she will probably pick up JUST AS MUCH as dad (since it sounds like right now she expects him to pay 100% :rolleyes: )

So for now, I'd turn a deaf ear to what she is saying...she'd have to file for that to be in the order, not to mention you dont know WHERE those girls will want to go to college, or IF they will even want to go to college, if they will be college material, etc...so for now...dont sweat it.
 

newuser12

Junior Member
"I don't see it being ordered 8 years after the fact. This is something that should have been addressed when the FIRST orders set."

Is this statement true also for NY State? Is the 'FIRST' order only for divorce orders or does this hold for just CS Orders?

Bf pays child support under court order for the past 2 yrs - can BM take him back to court anytime in the future to establish college payments or was this something she should have done the first time she went to court?

Thank you!
 

mom428

Junior Member
Also from Indiana

Just going through a CS modification myself in Indiana, I do know that the Indiana Child support calculator found here: http://www.in.gov/judiciary/childsupport/ is used to also figure college expenses. It appears to base each parent responsiblity based on each parents income percentanges, financial aid, scholarships etc.

You could run that a get a rough idea of what the court would decide. When our original divorce was done we were advised by both attorneys to be "silent' on the college issue because Indiana simply went by the calculation done via the child support calculator and since income %'s may be greatly different in 10 years when our children would go to college, we should wait to figure it then.
 
newuser12 said:
"I don't see it being ordered 8 years after the fact. This is something that should have been addressed when the FIRST orders set."

Is this statement true also for NY State? Is the 'FIRST' order only for divorce orders or does this hold for just CS Orders?

Bf pays child support under court order for the past 2 yrs - can BM take him back to court anytime in the future to establish college payments or was this something she should have done the first time she went to court?

Thank you!
You may want to start your own thread to ask this. The legal people on this site don't take kindly to "hijacking" other's threads.

I'm not sure if NY is a state that supports post-secondary education support or not. I don't think it's a one shot deal though (meaning I don't think you're SOL if you don't ask about it day one). I think that the CP can request it when the time comes or at the next modification. Just a guess.
 

ceara19

Senior Member
newuser12 said:
"I don't see it being ordered 8 years after the fact. This is something that should have been addressed when the FIRST orders set."

Is this statement true also for NY State? Is the 'FIRST' order only for divorce orders or does this hold for just CS Orders?

Bf pays child support under court order for the past 2 yrs - can BM take him back to court anytime in the future to establish college payments or was this something she should have done the first time she went to court?

Thank you!
Child support in NY doesn't end until the child is 21.
 
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