I currently am court ordered to pay child support for 2 child. My children's ages are 17 and 12. However, my 17 year old just started college and lives away from the home. Am I still obligated to pay child support for both children despite one being in college? Is my obligation lowered, and how do I go about getting it recalculated to reflect support for only one child living at home?

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Originally Posted by Indianafather72

I currently am court ordered to pay child support for 2 child. My children's ages are 17 and 12. However, my 17 year old just started college and lives away from the home. Am I still obligated to pay child support for both children despite one being in college? Is my obligation lowered, and how do I go about getting it recalculated to reflect support for only one child living at home?

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What does the support order say? It should address an age when child support ends or a circumstance (college, emancipation) which ends it.

The thinking often is that the custodial parent still has to provide a roof, utilities, for the college student when he/she comes "home" for breaks and vacations.

It should be in your Order.

You can always go back to Court, claim changed circumstances, request a change.

Well, in Indiana, CS ends when the child turns 19 (new law). However, I am responsible for 82% of college expenses, and am paying that right now.
So, I had the child support worksheet recalculated to reflect this change, and added the post secondary education expenses. The ex believes that I still have to pay her the total child support amount that I currently pay because the college student is still 17. I have told her, "no, her support is calculated in the post secondary education expense portion of the child support worksheet". Bottom-line is that she thinks I still pay her for that college student, whereas I am trying to tell her that I only pay her for the overnights the college student resides at the house during the summer, which is usually 12 weeks. My child support monthly obligation reduces significantly due to a child in college, and yet she is fighting me tooth and nail.
If I keep it unchanged, then I am double-tapping for my daughter's housing, food, education, and clothing responsibility.
When a kid goes away to college, child support must be recalculated, with the post secondary education expenses calculated into the new figure. I need her to realize this!! Someone correct me if I am wrong...

OK, when I try to explain this, I can be confusing.

I pay $1440 a month right now for 2 kids living at home. However, one child just went away to college and will only spend about 12 weeks at the house during the summer. Additionally, I am court ordered to pay 82% of all college expenses (pro-rata income), which is something I agreed to. College expenses include, tuition, housing, books, food).
Therefore, I have had the child support worksheet recalculated to reflect the post secondary expenses (tuition, room/board, books and food), and also the weeks spent at home (12). Adding it all up, my weekly child support has decreased from $335/week ($1440/month) to $245/week ($1059/month), and the ex thinks I am breaking the law by NOT providing child support for my 17 year old daughter in college. What she is failing to realize is that the $245 a week IS IN FACT taking my daughter's support into consideration (for roughly $27/week) by applying what I am paying for her tuition, room/board, food and books for college. The ex thinks I still need to send her the full amount of $335/week ($1440/month) because the college student is still 17. If that's the case, then I would be paying for tuition, room/board, books, food, to the university, AND ALSO to my ex wife for an entire year (while my daughter would only spend approximately 12 weeks there at the house).
So there, I explained it as best as possible. Someone tell me I am wrong. Someone tell me that this worksheet my attorney calculated is erroneous and false. My monthly child support to my ex SHOULD decrease considering there is a post secondary education expense worksheet calculated into the figures...

Here's what I'm reading:

"Starting July 1, the age of emancipation will be 19 instead of 21.

1. This means after the child turns 19 years old ... a parent no longer pays support, meaning a big change for families who not only pay ... but receive support.
For people with one child ... they can just stop paying as of July 1.

If child support payments are withheld from your paycheck, you will need court approval to have those stopped.

If you are paying child support for more than one child, that court order will remain in effect until a judge modifies the support order.

Any overpayment to the recipient, after July 1, will need to be paid back. (That is an important note for anyone receiving child support money.)

If you have a college-bound child and you are receiving support under an existing court order, you have until their 21st birthday to petition for additional education-related assistance. Children who receive support under orders issued after July 1, will have to make such requests by their 19th birthdays."

I read this to mean that you are responsible for child support until the child is 19.

I understand what you are saying. You would be paying ongoing support PLUS college expenses.

My thought is to go back to Court for a modification of the original Order. You are kind of in a bind - if you don't pay you are in violation of the order that you pay until 19.

I'd go back and request a modification for changed circumstances, the changed circumstances being the extra cost of tuition.

I don't mind paying the CS, but it needs to be modified for only one child living at the house. I should ONLY have to pay for those 12 weeks when the student is at home. There is no bind about it. I will continue to pay the full amount until she either agrees to the modification, or the modification is court ordered. Then, if there is an overpayment, she will have to reimburse.

Next big question: how does one go back to court or have a court review this worksheet? I do not want to involve an attorney as I cannot afford to do so any longer. What are my other options?

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Originally Posted by Indianafather72

but it needs to be modified for only one child living at the house. I should ONLY have to pay for those 12 weeks when the student is at home.

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^This is YOUR interpretation of the law. You need to get a court's interpretation. Which mean you need to prepapre pettion to siubmit to the court that issued the original order for a modification. If you can't afford an attorney, then see if you can get a paralegal to prepare the petition.

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Originally Posted by Indianafather72

Next big question: how does one go back to court or have a court review this worksheet? I do not want to involve an attorney as I cannot afford to do so any longer. What are my other options?

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I'm sure the Courts are overwhelmed with non-custodial parents with the same (or similar) question. I'm not pushing you off but you've done your "homework" and this site offers the forms you need to modify support: courts.IN.gov: Court Forms.

I agree with Scott - your interpretation and the Court's may not be the same and you are wise to contine paying until you get a decision.

I find NOTHING about old orders being "Grandfathered" - it would appear that this change in the law will cause a lot of confusion.

No, it is not an interpretation. It's a fact. Section 2 of the child support worksheet calculates the support for the student based on the number of weeks living in the custodial parent's house. Therefore, I generically wrote it as such. The bottom-line is simple: I already pay for the housing, the education, the books, and the food. What would be left? That's right, the days/weeks she is at the house where the housing and food are not paid for...

Listen, I am not trying to cheat my kids. I am trying to avoid sending the EX a monthly allotment for my daughter when all of her needs are met by me paying the university. It's that simple...

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Originally Posted by Indianafather72

Listen, I am not trying to cheat my kids. I am trying to avoid sending the EX a monthly allotment for my daughter when all of her needs are met by me paying the university. It's that simple....

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I hope you're not addressing me - I never thought that. I doubt very much that Scott did, either.

It's a very good, very "legitimate" question. I love the twists and turns of "the law" and this presents all sorts of legal possibilities.

I would expect a change in the "cut off" age to include Grandfathering in old Orders. If I had an Order for X dollars and I were the custodial parent and then the law changed I'd have a few concerns. I completely understand what you are saying.

Maybe you read me wrong - ?

I AM saying that you can be 100% correct and the Court can veer off in another direction. It's the written word, subject to interpretation.

I'm with Judy. I don't see anyway you got the impression we think that. My only problem is that you are making absolute statements of what the law is. If you tell a court how they should rule on the law, you stand a good chance of losing. That;s why you need to be very careful in preparing your petition for the court.

I'm also surprised that a law like this applies going forward. Generally such laws have grandfathering provisions. Its possible such provision was set by precendent and not statute.

Bottom line is I think you have an interesting case here, one that you could win.