Legal Question in Family Law in Indiana
My son is 18 years old and getting ready to go to college this fall. There is a custody agreement in which I have physical custody of both children. My son states that it is solely my ex's and my financial responsibility to pay for college and that he should not be responsible for any expenses. Further, he states that since I have custody even though he is 18 now, I am still financially responsible for medical and dental expenses. In our agreement, I have been responsible for the 1st $800 and then costs were to be split 48/52%. Does this still apply since my son has turned 18? Is custody even an issue now? What financially am I obligated by state law to pay in regards to school or anything else? I appreciate your time. Thank you
2 Answers from Attorneys
Your son is full of beans. He has to contribute to his own college as well. Try to discuss this with your ex so you can present a united front. If you are still receiving support for him, yes , some of that money goes to medical expenses for him. If you still have questions, talk to your divorce lawyer to get additional guidance.
Child support continues to age 21 unless your son is emancipated, so the same medical situation applies. Indiana law allows for you to obtain an order for college contributions from his father. The court will usually order that the child contribute 1/3 of the costs and that the parents divide up the remaining costs.