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chestersonni · Oct 15, 2008, 11:28 PM

I live in Indiana. I have a friend who is divorced. It is in his divorce documents to share in paying for his children's college education, but it is in there because his lawyer told him there is a state law in Indiana that requires parents (divorced and non-divorced) to pay for their children's college education. Is there such a law? I'm originally from North Dakota, and I've never heard of such a thing!

Also, in these documents, it states college fees are to be split three ways between my friend, his ex, and his daughter. His daughter says her portion is paid by the scholarships and grants she was awarded. Is that right, or should the amount divided be the net amount after the scholarships and grants?

mishelly3 · Oct 16, 2008, 01:02 AM

I guess then if her tution is already then you guys just support her buy buying her book , gas supplies and then split it 3 ways. If the papers are unclear or if they need to be changed you need to go talk to your lawyer..

ScottGem · Oct 16, 2008, 06:51 AM

There are odd laws in each state. If his lawyer told him he needed to include the provisdion to comply with state law, why would you question it? If you want to question, ask the attorney for the code section that specifies this.

As to how the expenses are divied up, that's an more interesting question. I would interpret it as splitting the NET up. But if there is an argument it may require going back to the court for an interpretation.

stinawords · Oct 16, 2008, 07:13 AM

I wish there was a law like that in Indiana, I wouldn't have sooo much money tied up in my student loans! :) My parents were married and guess what, they didn't have to pay a single red cent for me or my brother. Things like that are only written into divorce agreements only. What might get a little confusing and it is just a thing schools do not a law is that the college requires your parents tax information (not just in Indiana my cousin had to go through this at Northwestern in IL too) because the college then figures how much money they think the parents should pay. But guess what all that does is help the student know how much bigger of a loan they will need to cover costs. I am not bitter in anyway that my parents didn't have to pay I'm just showing that it isn't a state law. In divorce agreements it is pretty much always included though. Also they would have to read through the agreement more because I have seen it go both ways that yes the scholarships and grants are the child's portion and the parents split what is left. I have also known of the child not getting much in the way of scholarships and grants so had to take out loans as well.

JudyKayTee · Oct 16, 2008, 07:21 AM

I can't address in Indiana - that's Stinawords' territory - but in NY when the decree is worded in this fashion the balance after all grants and scholarships is divided by three. I've also never seen wording such as this - I've only seen phrases such as "tuition" or "tuition and books" or something similar, very specific. The child could decide to attend College in Borneo and live in a castle and bankrupt the parents.

I'd go back to Court and get clarification - and I'm not aware of ANY State that requires parents, together or apart, to pay to send a child to College.