Legal Question in Family Law in Indiana

Emancipation and child support ends at age 21. If a petition for contribution towards college expenses is filed before age 21, your husband may be required to pay a contribution towards college expenses even though the child is emancipated..

The Indiana Code states as follows:

Expenses for child's education and health care; Title IV-D fees

Sec. 2. (a) The child support order or an educational support order may also include, where appropriate:

(1) amounts for the child's education in elementary and secondary schools and at postsecondary educational institutions, taking into account:

(A) the child's aptitude and ability;

(B) the child's reasonable ability to contribute to educational expenses through:

(i) work;

(ii) obtaining loans; and

(iii) obtaining other sources of financial aid reasonably

If you read the statute strictly, it does not appear that the inheritance would be taken into account. However, your argument that the child has sufficient funds-even more funds than that parents-to pay for college might be persuasive. If it is not, the general rule is that the child pays 1/3 and the parents pay the remaining amount, usually based on their income ratios, although sometimes on a 1/3 1/3 1/3 basis.