Indiana Child Support/Post Secondary Education Expenses

[rstlm]

What is the name of your state (only U.S. law)? Indiana

I have a few questions regarding my specific divorce decree. Knowing Indiana recently changed the age of ending child support from the age 21 to the age of 19. Also changing the way post-secondary expenses are handled when an order does not have a statement pertaining to college. I need to understand how this applies to my current court order.

Background: Daughter is 18, currently a senior in high school and will graduate in May 2014. Currently applying to universities. As an employee of a state university, I am eligible for a significant discount on tuition should my daughter get accepted. That is very unlikely as she does not meet the academic requirements. Her mother wants her to go to another university that will accept her, which will significantly increase the cost. I suggest she go to community college and transfer to my university after obtaining acceptable grades for one year. I am more than happy to pay the entire cost of tuition at our local university or give her the equal amount should she choose another school.

Child Support Section reads “Father shall pay to Mother as and for child support, the sum of $xxx.00 per week. This sum shall be payable on Friday’s, bi-weekly, commencing on March 2, 2001. Said sum shall continue until the child has married, died, is not a full-time student, becomes self-supporting, or reach the age of eighteen.
?’s – I told her mother, I plan to stop paying support when my daughter graduates high school May 2014 (daughter is already 18). Mother states because the law changed, I must pay until she is 19 until November 2014. Also, because it reads with an “or”, could I technically stop paying now since she is 18?

Educational Expense statement: The only sentence in the decree is under child support and it reads “Father will be responsible for paying ½ of any and all school related items such as, but not limited to, tuition, book fees, school supplies, and sport fees”
?’s. – I don’t believe this pertains to post-secondary education and pertains to her elementary and high school education. Mother believes I am responsible for 50% of whichever school she picks and can get accepted to. Please advice.

Thanks in advance

 

[justalayman]

an order is an order until it modified.

here are all of your answers:

http://www.indybar.org/_files/sedona%20handouts/Emancipation%20-%20Mitchell%20and%20Ricafort%20-%20.pdf


http://www.in.gov/legislative/ic/2010/title31/ar16/ch6.html

Even if the law has changed and allow for an order to be modified to reflect those changes, until it is changed, it is what it is. Only a court can reinterpret an order in light of a law change. The parties within the order cannot arbitrarily change the terms of the order regardless of what the new law may allow.




so, your order is what it is. If she wants it changed, she would have to modify it. It clearly states it is terminable upon any of several events, including the child having reached their 18th birthday (although that is one I would not suggest tempting considering she is still in school)

My understanding of your order would suggest the section addressing educational expenses are in line with your interpretation. As written, it does not appear to be a separate educational expenses order which is allowable even post termination of general child support obligations. Only a review of the complete order by a lawyer should be depended upon though.


(btw: the age change from 21 down to 19 would not have altered your order anyway as it reduces the presumptive age of emancipation, not extend it)

One serious caveat:

My understanding is that the mother or the child would have until your daughter turns 21 to petition for a modification regarding educational expenses.

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

I have a few questions regarding my specific divorce decree. Knowing Indiana recently changed the age of ending child support from the age 21 to the age of 19. Also changing the way post-secondary expenses are handled when an order does not have a statement pertaining to college. I need to understand how this applies to my current court order.

Background: Daughter is 18, currently a senior in high school and will graduate in May 2014. Currently applying to universities. As an employee of a state university, I am eligible for a significant discount on tuition should my daughter get accepted. That is very unlikely as she does not meet the academic requirements. Her mother wants her to go to another university that will accept her, which will significantly increase the cost. I suggest she go to community college and transfer to my university after obtaining acceptable grades for one year. I am more than happy to pay the entire cost of tuition at our local university or give her the equal amount should she choose another school.

Child Support Section reads “Father shall pay to Mother as and for child support, the sum of $xxx.00 per week. This sum shall be payable on Friday’s, bi-weekly, commencing on March 2, 2001. Said sum shall continue until the child has married, died, is not a full-time student, becomes self-supporting, or reach the age of eighteen.
?’s – I told her mother, I plan to stop paying support when my daughter graduates high school May 2014 (daughter is already 18). Mother states because the law changed, I must pay until she is 19 until November 2014. Also, because it reads with an “or”, could I technically stop paying now since she is 18?

Educational Expense statement: The only sentence in the decree is under child support and it reads “Father will be responsible for paying ½ of any and all school related items such as, but not limited to, tuition, book fees, school supplies, and sport fees”
?’s. – I don’t believe this pertains to post-secondary education and pertains to her elementary and high school education. Mother believes I am responsible for 50% of whichever school she picks and can get accepted to. Please advice.

Thanks in advance

Just as an FYI...what a judge typically orders for educational expenses in Indiana (if ordered at all) is that after scholarships, grants and student loans, the remaining expenses are divided 1/3 mom, 1/3 dad, and 1/3 child.

 

[rstlm]

Thanks so much for both answers.

One followup question. When the 1/3, 1/3, 1/3 is ordered…is that any educational expenses… So if she chooses to attend any University regardless of cost?

Just as an FYI...what a judge typically orders for educational expenses in Indiana (if ordered at all) is that after scholarships, grants and student loans, the remaining expenses are divided 1/3 mom, 1/3 dad, and 1/3 child.

 

[LdiJ]

Thanks so much for both answers.

One followup question. When the 1/3, 1/3, 1/3 is ordered…is that any educational expenses… So if she chooses to attend any University regardless of cost?

Those kinds of details are usually hammered out in court or in mediation. I have seen limitations on what schools could be attended, but I have also seen situation where there were no limitations.

 

[Ohiogal]

Thanks so much for both answers.

One followup question. When the 1/3, 1/3, 1/3 is ordered…is that any educational expenses… So if she chooses to attend any University regardless of cost?

You can make the argument that it should be a public school in your state that the costs are based upon.