Indiana Child Support Attorneys

The state of Indiana settles child support for both married and unmarried parents in a manner that looks at all aspects of both parents’ financial lives. This financial review is then run through a calculator that weighs several factors and provides a payment level for both parents.

The family law attorneys of Dixon & Moseley, P.C., work with parents in Indianapolis who need guidance in these issues. While much of the work of a child support calculator is designed to minimize the disagreements, that does not mean there are no disputes or nothing for an attorney to do. In many cases, the team at Dixon & Moseley, P.C., is closely involved in all aspects of the child support calculator discussion. But the factor clients often have the most questions about is college expenses.

Indiana Has Unique College Expenses Rules

While some parents find it surprising, Indiana is in the minority of states where divorced parents or those who have a child born out of wedlock can be ordered to pay for higher education expenses. The reason this is surprising is because married parents are free to decide not to contribute toward their child’s post-secondary education expenses. This notion has been tested at the appellate level in the past, and was verified.

A petition for higher education expenses must be filed with court not earlier than the date on which the child becomes 17 years of age and not later than the date on which the child becomes 19 years of age. If the request for higher education expenses is filed past the child’s 19th birthday, the child is barred. If this is the case, your counsel likely will file a motion to dismiss the request for higher education expenses.

Going To Court Over College Expenses

Assuming you are litigating a higher education request you do not agree with, you, through counsel, should carefully prepare your evidence, as the court simply cannot grant a request without the requisite showing. Specifically, the court may order a spouse to contribute to a post-secondary education after the following in account:

• The child’s aptitude and ability
• The child’s reasonable ability to contribute to educational expenses through work, obtaining loans and obtaining other sources of financial aid reasonably available to the child, such as scholarships and grants
• The ability of each parent to meet the expense of post-secondary education

Through counsel, a parent who opposes the higher education award has two significant ways to challenge such an award. The first would be to demonstrate the child does not have the aptitude or ability to be successful in college. High school grade transcripts would be a good source of evidence to prove the same, but they have to be certified with a statement of the record-keeper to be admissible. In conjunction with or independently of the child’s aptitude, the parent opposing the higher-education award may also put on evidence of his or her income and budget to show that contribution is not financially feasible.

What Is Included In College Expenses

The answer is most courts order each parent to pay one-third of the cost of an Indiana state supported school’s room, board, tuition and books. However, the court has vast discretion to craft any reasonable award. There are two significant limits on educational award that may apply in any given case.

•  The expenses must be connected with the child’s college education.
•  A trial court cannot issue an educational order for graduate school.

The amount you pay in these expenses is much more negotiable than in a pre-college child support discussion. But to succeed, you will still need to work with an experienced attorney.

Reach Out To Dixon & Moseley, P.C., For Experienced Child Support And College Expense Representation

Ultimately, there is a vast amount of lawyering that goes into preparation for a hearing for post-secondary education. The attorneys at Dixon & Moseley, P.C., handle both educational expense orders, which are separate and distinct from child support orders, and all child support orders for families across Indiana. To learn more, call 317-350-4108 or send an email using this form.