Potential Indiana post-secondary obligation

[iu_dad]

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

Hoping for some clarification on Indiana post-secondary awards. I’ve searched on this forum and others and have read that if an order is granted a 1/3 split is typical between each parent and the child. I’ve searched on google scholar and found that same 1/3 split used in cases, but a pretty broad range of post-secondary expense splits as well.

Indiana’s own PSEW defaults the Parents Share of college expenses based on each parent’s percentage share of total weekly adjusted income. I understand the PSEW is merely a tool to demonstrate what a court might order, but in my case it would differ wildly from the 1/3 split commonly mentioned in forums.

My income share in our current CSOW is 78% me, 22% for my ex. The 22% is imputed and the last reported income for her was quite a bit less than that amount. My gross is just over 100k. My ex works minimally due to new husband’s income, has extensive work experience and earnings, but has kept her working hours at a minimum after being a SAHM the later years of the marriage. With 50/50 physical custody I pay almost $1,200 a month in CS for three children.

Currently there is no post-secondary order of any kind but I am trying to plan for that eventuality. With three children and rising college costs it is difficult to plan for something as general as a potential 33% - 78% award range.

Any help in clarifying a possible post-secondary award amount would be appreciated.

 

[Zigner]

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

Hoping for some clarification on Indiana post-secondary awards. I’ve searched on this forum and others and have read that if an order is granted a 1/3 split is typical between each parent and the child. I’ve searched on google scholar and found that same 1/3 split used in cases, but a pretty broad range of post-secondary expense splits as well.

Indiana’s own PSEW defaults the Parents Share of college expenses based on each parent’s percentage share of total weekly adjusted income. I understand the PSEW is merely a tool to demonstrate what a court might order, but in my case it would differ wildly from the 1/3 split commonly mentioned in forums.

My income share in our current CSOW is 78% me, 22% for my ex. The 22% is imputed and the last reported income for her was quite a bit less than that amount. My gross is just over 100k. My ex works minimally due to new husband’s income, has extensive work experience and earnings, but has kept her working hours at a minimum after being a SAHM the later years of the marriage. With 50/50 physical custody I pay almost $1,200 a month in CS for three children.

Currently there is no post-secondary order of any kind but I am trying to plan for that eventuality. With three children and rising college costs it is difficult to plan for something as general as a potential 33% - 78% award range.

Any help in clarifying a possible post-secondary award amount would be appreciated.

Yours is purely a hypothetical at this point. If nothing has been awarded to date, you don't even know that it will be at a later date. Furthermore, by the time this question becomes relevant, there may be new case law or statutory direction.

 

[CSO286]

Yours is purely a hypothetical at this point. If nothing has been awarded to date, you don't even know that it will be at a later date. Furthermore, by the time this question becomes relevant, there may be new case law or statutory direction.

^^I agree^^

My question: How old are the children???

 

[KLDAD]

I've been wrangling with this issue for a while now. You may have seen my thread. There are some well-informed people contributing to this forum and they have offered some good information.

That said, I find the PSEW to be a troubling item. It relies on the data from the CSOW which generates the percentages per parent. Based on what several forum members have posted, the court will make the final determination of expected obligation based upon actual college expenses, along with various other factors(have a look at the posted reply by CJane in my thread).

While the opinion here on the forum is that the judge will set percentages for parents and child at their discretion, the PSEW does exist, like a dark cloud hanging overhead. The percentages are there in black and white which make them very hard to ignore. Like you, I have read references to a variety of possible percentages(including but not limited to the aforementioned post by CJane), but not found any published opinions from the court which might offer some insight into how those percentages are determined.

Sorry that my post offers only commiseration rather than a solution, but if I come across any information that helps clarify this issue, I will pass it along.

 

[iu_dad]

Oldest is entering HS next year. The post-secondary issue has come up earlier than normal due to ex pushing private HS for the oldest. Ex wants to offer to pay for HS and avoid paying anything for college expenses. The local public HS is excellent academically but oldest son has quite a few friends going to the private HS. I'm currently paying off debt and saving for college but the huge range of potential awards makes that difficult to budget. In addition I see both issues as pretty intertwined since paying for an expensive private HS would prevent me from paying down debt and saving for college expenses for all three children.

I've been wrangling with this issue for a while now. You may have seen my thread.

I did read your thread, unfortunately it sounds like a crap shoot with each specific judge.

 

[CSO286]

Oldest is entering HS next year. The post-secondary issue has come up earlier than normal due to ex pushing private HS for the oldest. Ex wants to offer to pay for HS and avoid paying anything for college expenses. The local public HS is excellent academically but oldest son has quite a few friends going to the private HS. I'm currently paying off debt and saving for college but the huge range of potential awards makes that difficult to budget. In addition I see both issues as pretty intertwined since paying for an expensive private HS would prevent me from paying down debt and saving for college expenses for all three children.



I did read your thread, unfortunately it sounds like a crap shoot with each specific judge.

If you have joint legal custody, then your eldest doesn't have to attend the private HS without your consent.

As far a college expense, you are really borrowing trouble, as there is currently no order for them and a LOT can change in the world of child support in four years.

You want to know the best thing to do: Hope for the best, plan for the worst.

Start saving.

 

[iu_dad]

If you have joint legal custody, then your eldest doesn't have to attend the private HS without your consent.

Understood, just been through 2 rounds of court and hoping to avoid a third. Still paying off attorney fees 4 years post divorce and hoping to get debt free in preparation for helping kids out with college expenses. I've always gotten every item I've asked for in court, but the ex has dragged her feet and made me pay for every inch.

You want to know the best thing to do: Hope for the best, plan for the worst.

Start saving.

Been saving since my oldest was born, but college savings were split 4 years ago in the divorce. Still saving as much as I can while paying down debt, but attempting to plan for a potential post-secondary award that could span a 6 figure range is difficult at best.

I think everyone is confirming my fears, and hoping for the best and attempting to mitigate the worst is the best I can predict at this point. Thanks.