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  1. #1
    Join Date
    Apr 2011
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    4

    Angry Child Support at Age 24

    My question involves child support in the State of: Indiana My husband signed divorce papers in jan 2009 for a 21 yr old son to continue paying child support as long as he was continuing his education.He will be 24 in June and he is still fiddling around taking a class here and there to avoid paying his student loans.He has no intention of using his education.In the midst of all of this he took an EMT class and just took his final test.I was counting on being done in May with paying $700 a month to an unappreciative adult who is being guided by his mother he lives with.We are $58,000 in credit card debt and really need to dig ourselves out.Do you think we may be able to stop paying this support now and start taking care of my 9 and 12 year old that can't work yet.

  2. #2
    Join Date
    Apr 2011
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    20

    Default Re: Child Support at Age 24

    Not sure about Indiana law but in NY and NJ "continuing his education" would mean he was Full Time or on a degree path. No harm in asking the court to end it after 4 years and not much in the way of results education-wise (assuming).

  3. #3
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    Default Re: Child Support at Age 24

    What EXACTLY does the decree actually say, word for word? (minus names)

  4. #4
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    Apr 2011
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    Default Re: Child Support at Age 24

    Husband's obligation of contribution shall cease when kid graduates or ceases studies. Does not mention decreasing amount of studies.He says he is not sure what he wants to do.He might go for nursing.There has to be a light at the end of the tunnel. I read something that said in Indiana(support could be paid for continuing studies if it was agreed on prior to age 21.He was age 21 when this was done.I don't think my husbands lawyer informed him of that.

  5. #5
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    Default Re: Child Support at Age 24

    No, that's NOT exactly what is says.

    Please type it EXACTLY. There's a reason why I'm asking this.

  6. #6
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    Apr 2011
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    Default Re: Child Support at Age 24

    So long as--- is continuing his education,Husband shall pay directly to---the sum of $175.00 per week in biweekly of $350.00 each. Such payments shall commence on the first Friday following entry of any Dissolution of marriage decree herein and shall be paid by husband in a timely fashion.Remittances shall be deposited by Husband into former joint checking account of the parties for ---use and benefit.Husbands obligation of contribution shall cease when---graduates or ceases his studies. The parties acknowledge that --- is now 21 years of age and is currently attending college at---

  7. #7
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    Default Re: Child Support at Age 24

    OK thank you

    (I'm truly not being obtuse - I needed to see the wording )

    That DOES indicate that payments are due as long as kiddo is still attending the named college. Unfortunately it's left very open-ended - theoretically, your husband could be paying UNTIL adult son graduates which may be never if he's taking a class here and there.

    While it's not common that Indiana provides for post-adult support like this, deviations from guidelines are possible in some instances and that's honestly a pretty poorly-worded decree (your husband's attorney should have explained things much better to your husband!).

    So, he should file to modify. The worst that could happen is that his petition is denied and he remains on the hook.

    But he won't know unless he files!

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Child Support at Age 24

    The case of Hay v Hay addresses different circumstances, but it summarizes Indiana law relating to payment for college and when a child support order can be modified.

    I don't know if that's the entire clause or if there's anything else in the judgment pertaining to college; if that's it, it's an extremely broad clause. (Was your husband represented when he agreed to this?)

    My thoughts are that it may be possible to argue (a) changed circumstances based upon the child's full-time enrollment in a university at the time the order was entered; and/or (b) that with the completion of the certification the child completed his education, and the parties did not intend that part-time attendance of classes with no actual pursuit of a degree program would constitute "continuing his education". I can't promise that either approach would work, and I would suggest working with a lawyer. (I'm also interested in hearing Dogmatique's ideas.)

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