Child Support and College Expenses

[Kathryn Evans]

undefinedWhat is the name of your state? Indiana

My ex-husaband and I agreed that last August through this August, we would use his child support to pay for his 1/2 of our daughters college education. Actual costs were greater than that and I incurred medical expenses for her on top of that. I requested from him the difference in the actual college costs plus 1/2 of the medical expenses. Our attorneys would not allow us to make provisions for her college during our original divorce decree saying we needed to come back. Neither of us wanted to go back to court, but now my ex-husband says he does not have to pay me. We will go back to court, my question is will I be able to recoup any of my expenses for our daughter?

2nd question....he has been living with the same person since he moved out in 1998. Does Indiana law allow you to consider her income in determining CS?

 

[WyattJ]

undefinedWhat is the name of your state? Indiana
2nd question....he has been living with the same person since he moved out in 1998. Does Indiana law allow you to consider her income in determining CS?

From my understanding, CS is between MOTHER & FATHER...not live-ins, or new spouses. The significant other didn't create this child with mother and father.

 

[LdiJ]

undefinedWhat is the name of your state? Indiana

My ex-husaband and I agreed that last August through this August, we would use his child support to pay for his 1/2 of our daughters college education. Actual costs were greater than that and I incurred medical expenses for her on top of that. I requested from him the difference in the actual college costs plus 1/2 of the medical expenses. Our attorneys would not allow us to make provisions for her college during our original divorce decree saying we needed to come back. Neither of us wanted to go back to court, but now my ex-husband says he does not have to pay me. We will go back to court, my question is will I be able to recoup any of my expenses for our daughter?

2nd question....he has been living with the same person since he moved out in 1998. Does Indiana law allow you to consider her income in determining CS?

You probably will not be able to get any help from him directly for the college expenses. That isn't cast in concrete but now that child support goes until age 21 (even 23 in rare circumstances) judges are less likely to order the ncp to share college expenses. Of course he will have to pay his fair share of the medical expenses. Basically, if his income has gone up since child support was last ordered, then you are going to get an increase if you do a recalculation now.

Here is a link to the new child support calculator (new guidelines went into effect January 2004). You can run the numbers and get an idea where you are at.

https://secure.in.gov/judiciary/childsupport/calculator/support.pl

 

[VeronicaGia]

undefinedWhat is the name of your state? Indiana

My ex-husaband and I agreed that last August through this August, we would use his child support to pay for his 1/2 of our daughters college education. Actual costs were greater than that and I incurred medical expenses for her on top of that. I requested from him the difference in the actual college costs plus 1/2 of the medical expenses. Our attorneys would not allow us to make provisions for her college during our original divorce decree saying we needed to come back. Neither of us wanted to go back to court, but now my ex-husband says he does not have to pay me. We will go back to court, my question is will I be able to recoup any of my expenses for our daughter?

2nd question....he has been living with the same person since he moved out in 1998. Does Indiana law allow you to consider her income in determining CS?

If there is no court order for him to pay, he does not have to pay. No agreement, verbal or written can take the place of a court order.

Why on earth would you be asking if someone completely unrelated to your child should be responsible to support the child? Do you think your ex should force your subsequent spouse to support the child?

Why not have the adult (child) get a job and start earning his/her own way through life? Why are you paying for the medical expenses of this adult? Time to cut the strings....

 

[snodderly]

Unlike many States, Indiana has a provision for educational support. Also, in the State of Indiana, child support continues to the age of 21 unless the child becomes emancipated prior to that date or the child is incapacitated. A child may be deemed emancipated before his or her 21st birthday if the child is at least 18 years of age, has not attended a secondary or post-secondary school for the prior four months and is not enrolled in a secondary or post-secondary school and is or is capable of supporting himself through employment. A child under the age of 21 may also be deemed emancipated if the Court finds that the child has joined the United States Armed Services or has married or is not under the care or control of either parent or an individual or agency approved by the Court.

Your husband doesn't owe you anything and won't be made to pay you anything unless the educational support was ordered by the courts. The courts are not going to recognize a verbal aggreement the two of you made or worry about the consequences of that verbal agreement.

If you want an equitable distribution as far as college expenses then you are going to have to go to court and get court ordered post majority support.

The state I was divorced in has the same laws. They do not deal with post high school educational expenses during the original divorce. You have to go back and request it before the child starts to college.
snodderly