Post-Secondary Educational Expenses

What are Post-Secondary Educational Expenses?

Pursuant to Indiana law, trial courts may order parents to be responsible for all or a portion of a child’s post-secondary education expenses. The court is to consider the statutory factors in determining whether such an order is reasonable. These factors include:

The child’s ability and aptitude
The child’s ability to obtain loans and other sources of financing
The ability of each parent to obtain additional financing
Special medical, hospital or dental expenses of the child
Current child support payments already being made

Who Should Use These Forms?

If your child is college bound or will soon be entering an institution for higher learning and there is no order with respect to the payment of college expenses for the child, now is the time to petition the court.

Change In The Law

Effective July 1, 2012, the presumptive age for termination of child support, other than support for educational needs, in both paternity and divorce cases was changed from age 21 to 19. A motion for post-secondary (college) expenses should be filed before the child is age 19. There are circumstances that extend the deadline to age 21 depending on the facts of the case. As a general rule support orders (weekly and educational needs) are not retroactive and the earliest effective date is the date of filing.

Although many non-custodial parents would rather not be ordered by the court to have to pay post-secondary educational expenses, this is a good policy. Without the courts ordering the non-custodial parent to pay the educational expenses, many children may not receive the support necessary for them to attend college and/or a trade school and receive their post-secondary education.

Forms for Post-Dissolution Cases

Verified Petition for Post-Secondary Educational Expenses
Agreement for Contribution to Post-Secondary Educational Expenses

Forms for Paternity Cases