My oldest child decided she wanted to live with her mother and never visits me, the mother has sole custody. Now the child wants to go to the most expensive college in the state of Indiana. I make more money than the Mother, and just got taken back to court, I am being forced to pay 2/3 of tuition. I have 2 more children who are a year apart, and are in high school. They live with me. They will not be able to attend college because of this judgement. I mean, I love my oldest daughter but the fact is, she doesn't even speak to me. I have rules in my home. She can run wild at her Moms and have stay over's with boys, etc.. I am broke. Any suggestions!

Did you have a lawyer to represent you? Did the mother? Sounds like she did and you didn't.

You may be able to appeal the decision.

I'd check into scholarship and grant opportunities at the college while this is sorted out with a lawyer. If she qualifies, it could help lighten your financial burden. Also, she needs to complete the FAFSA to see what grants are available. Once your financial information is input, along with her mother's, you will find out what your obligations are.

You must not have had an attorney, was this payment after Pell Grant and Student loans ?

Also is there requirement for grade level ? Other requirements on child.

But yes, you will have to pay part of college costs, that is standard in your state

If she really is attending the most expensive school in Indiana that would be Notre Dame, so congratulations are in order. There are lots of opportunities for scholarships and grants - you and your daughter can start investigating opportunities here: Notre Dame Scholarships/Grants : Office of Student Financial Services : University of Notre Dame (http://financialaid.nd.edu/undergraduate/scholarships/nd_scholarships_grants.shtml)

Ball State, and all the scholorships and grants are going toward her 3rd of the cost. Grades are excellent and I am happy that she will get this education however, we have 2 other kids here though, a year apart and are in the 11th and 12th grade. Its not a given right to be able to attend one of the most expensive colleges, why not one within our means? This decision is going to knock them out of the same opportunity. Why would one kid (who has nothing to do with non custodial parent - me) have this great privileage? I mean, look at this, in 3 years, I could have 3 kids in college if this ruling stands. Got an overpass I can live under?
Man, where was this stupid law when I was a kid? My parents couldn't afford to send me to secondary school. If I got remarried to her mother, we would not be obliged to pay a dime. Makes absolutely no sense.

B If I got remarried to her mother, we would not be obliged to pay a dime. Makes absolutely no sense.


Well that's not entirely accurate. But if you were still married, you would have a say in what college she attends.

But you haven't answered whether you had an attorney or not.

Also where do you get the idea that Ball State is the most expensive? According to this site:
Indiana's Highest Tuition - College Rankings - College Prowler (http://collegeprowler.com/rankings/overall-experience/top-highest-tuition/indiana/?page=2)
Its not even in the top 25 (27th).

Yes we have a couple of lawyers, and since the ex got a high interest loan for the amount, I am trying to pay the school directly, not just hand the ex 10,000 cash. She won't use it for the school, I know this.

The most expensive is really a mute point, the fact is that I have to pay for it, when I offered to pay for the entire year without any loans at all at a local college. Overly dramatic on that, but still incredible how much it costs, and the inconsideration relating to the 2 other kids which are her full blooded siblings. Its unbelievable.

I agree it's a MOOT point, but frankly, checking that site, tuition costs are not out of line. Sure it would be cheaper in a local state college, but that's not part of the issue.

I do agree that the mother should be responsible for part of this, and if your lawyers were not able to get a better result, I'm sorry.

Was this court ordered through the state of Indiana? Or is it just that she will be attending school there? Also were the rules followed for her to claim tuition support?

Was this court ordered through the state of Indiana? Or is it just that she will be attending school there? Also were the rules followed for her to claim tuition support?

Rules? Yes the court ordered to pay via the ex taking me back to court for more child support. She lost that one, but the college issue came up and that's when I got slammed. My lawyer is appealing. What are the rules?

First off I need to know when you first got the child support order in place?

Was it before or after July 2012 ?

Also who filed with the courts for educational support?

Also how old is your daughter?

Just concerned about the other two kids at this point. Cheaper is the big issue, not whether it is the most expensive college. The other issue is paying back what they got in the loans, we want to pay the financial institutions directly, not the mother. 3 issues and they ping off each other. I found 2 case studies where, in the state of Indiana if the 20 year old child has no contact with non custodial parent, and after several attempts refuses to see or speak with the non custodial parent, the judge did not require them to pay anything. What are the rules as far as the child goes? It was mentioned earlier.

First off I need to know when you first got the child support order in place? 2010.

Was it before or after july 2012 ? After

Also who filed with the courts for educational support? My ex

Also how old is your daughter? 20 in September.

20 in September.

Here you go:

SOURCE: IC 31-14-11-18; (12)SE0018.1.1. -->
SECTION 1. IC 31-14-11-18 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 18. (a) The duty to support a child under this article (or IC 31-6-6.1 before its repeal), which does not include support for educational needs, ceases when the child becomes twenty-one (21) nineteen (19) years of age unless either of the following conditions occurs:
(1) The child is emancipated before the child becomes twenty-one (21) nineteen (19) years of age. If this occurs, the child support, except for educational needs, terminates at the time of emancipation. However, an order for educational needs may continue in effect until further order of the court.
(2) The child is incapacitated. If this occurs, the child support continues during the incapacity or until further order of the court.
(b) A child who is receiving child support under an order issued before July 1, 2012, may file a petition for educational needs until the child becomes twenty-one (21) years of age.
(c) A child who is receiving child support under an order issued after June 30, 2012, may file a petition for educational needs until the child becomes nineteen (19) years of age.

SOURCE: IC 31-16-6-6; (12)SE0018.1.2. --> SECTION 2. IC 31-16-6-6, AS AMENDED BY P.L.80-2010, SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. (a) The duty to support a child under this
chapter, which does not include support for educational needs, ceases when the child becomes twenty-one (21) nineteen (19) years of age unless any of the following conditions occurs:
(1) The child is emancipated before becoming twenty-one (21) nineteen (19) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court.
(2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; and
(C) is or is capable of supporting himself or herself through employment.
In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.
(b) For purposes of determining if a child is emancipated under subsection (a)(1), if the court finds that the child:
(1) is on active duty in the United States armed services;
(2) has married; or
(3) is not under the care or control of:
(A) either parent; or
(B) an individual or agency approved by the court;
the court shall find the child emancipated and terminate the child support.





Ref:

http://www.in.gov/legislative/bills/2012/SE/SE0018.1.html