Pay support during college?

My daughter is 19 and is starting college in the fall. I live in Indiana and was wondering if I am paying 65% of her college expenses, should I also be responsible for paying my ex child support? I have agreed to pay support when my daughter is at home during breaks, but it doesn't seem right to me to be paying support while she is attending college. I think we are headed for a big legal fight over this and wondered what other people have experienced.

[LegalBeagle]

What does your divorce agreement and child support order say about this ?.

Generally, Child support stops when the child is 18 and has left school. Overall, you should not be paying full child support if the child is only spending 3-4 months a year at home.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b]What does your divorce agreement and child support order say about this ?.

Generally, Child support stops when the child is 18 and has left school. Overall, you should not be paying full child support if the child is only spending 3-4 months a year at home.

[/b]<HR></BLOCKQUOTE>
The agreement says to pay support until age 21 or until the child is emacipated. College payment is something that is agreed to by both parties.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by pmdixon:
[b] The agreement says to pay support until age 21 or until the child is emacipated. College payment is something that is agreed to by both parties.
[/b]<HR></BLOCKQUOTE>

The key here is the wording 'or until the child is emacipated'. In most states, she is emacipated as she is both over 18 and has left high school. You will need to check the exact law in your state but it does appear that you might not have to pay any further support. You will be liable for her college though.

[LegalBeagle]

Ok.. forget my last post.. It did not take me long to look this up. In Indiana, emancipation does not occure until 21 or unless the child is 18 and has left school.

However, if the child is going to be living away from home whilst going to college, you can petition the court to either stop child support payments, or have them substaintially reduced. If you are paying for the childs college, then you can probably have them stopped altogether.