Child Custody of an 18-Year-Old

[hoosierdad88]

My question involves a child custody case from the State of: Indiana.

The facts:
After years of sharing (joint) custody of our two children with my ex-wife, the court recently granted me full-custody. (Mom has home visitation every other weekend and one day per week.)
I suspect that my son may opt to live with his mother when he turns 18 next summer.
Our original mediated agreement does not address college costs or anything about what happens when he turns 18, 19, 21 or is in college.
The new court order does not address the full meaning of sole custody, beyond religion, healthcare and schooling decisions.
Indiana law is clear that any child support changes (mom pays this now) must be authorized by the court, and that a parent paying child support may not modify the order to terminate support until the child reaches age 19.
My son will be going to college next year, while (maybe) living with mom during breaks and the summer.
Mom has indicated that she has no intention of paying college costs. I have no money to pay for college.
After researching Indiana law on this, it appears that divorced parents may be court ordered to help pay for college, with either a parent, or the child, required to bring the matter to the court before the child turns 19 (in order to force parental payment).

My questions are:
1) Can my son, in fact, make his own decision to move to his mother's home when he turns 18?
2) If so, does child support stop immediately for that child? If not, does it make sense for me to simply allow mom to stop paying? Or, must she continue to pay only for our 11-year-old daughter, but not our son? Or, must she continue to pay for both children, half of it until he turns 19.
3) If he moves, would I then owe mom child support? (Because mom routinely violates court orders according to her own reading of them, I suspect when/if my son moves, mom will unilaterally decide that since she has one child living with her, we will be even and no child support is due either way.)
4) What should my strategy for college payment be? I was going to take my ex to court to force her to pay. However, given that the court will likely order 1/3, 1/3, 1/3 at a state rate, and since I have no money, it seems prudent to let her or my son take it to court if they wish to.

Thanks in advance for any legal insight!

[Dogmatique]

1. Yes, he can.
2. The child support order can be modified to reflect the change.
3. You would owe if Mom files to modify and requests you pay her (assuming he doesn't self-emancipate first)
4. This one is personal preference, really. One thing to bear in mind: the court can't justify ordering the parents paying for college if they don't have the means to do so. Junior does what millions of other people do - pay for it himself.

[Mr. Knowitall]

Here's Indiana's statute addressing parental contribution to higher education:

(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 contribte to educational expenses through:

(i) work;

(ii) obtaining loans; and

(iii) obtaining other sources of financial aid reasonably available to the child and each parent;

and (C) the ability of each parent to meet these expenses;

(2) special medical, hospital, or dental expenses necessary to serve the best interests of the child ; and

(3) fees mandated under Title IV-D of the federal Social Security Act (42 U. S.C. 65 1 thro ugh 669).

(b) If the court orders support for a child's educational expenses at a postsecondary educational institution under subsection (a), the court shall reduce other child support for that child that:

(1) is duplicated by the educational support order; and

(2) would otherwise be paid to the custodial parent.

[llworking]

My question involves a child custody case from the State of: Indiana.

The facts:
After years of sharing (joint) custody of our two children with my ex-wife, the court recently granted me full-custody. (Mom has home visitation every other weekend and one day per week.)
I suspect that my son may opt to live with his mother when he turns 18 next summer.
Our original mediated agreement does not address college costs or anything about what happens when he turns 18, 19, 21 or is in college.
The new court order does not address the full meaning of sole custody, beyond religion, healthcare and schooling decisions.
Indiana law is clear that any child support changes (mom pays this now) must be authorized by the court, and that a parent paying child support may not modify the order to terminate support until the child reaches age 19.

That is not quite correct. Its age 19 or graduation from high school, whichever comes first.

My son will be going to college next year, while (maybe) living with mom during breaks and the summer.
Mom has indicated that she has no intention of paying college costs. I have no money to pay for college.
After researching Indiana law on this, it appears that divorced parents may be court ordered to help pay for college, with either a parent, or the child, required to bring the matter to the court before the child turns 19 (in order to force parental payment).

What ends up being typical if college costs are ordered are 1/3 dad, 1/3 mom, and 1/3 child, after scholarships and grants are applied.

My questions are:
1) Can my son, in fact, make his own decision to move to his mother's home when he turns 18?

Yes

2) If so, does child support stop immediately for that child? If not, does it make sense for me to simply allow mom to stop paying? Or, must she continue to pay only for our 11-year-old daughter, but not our son? Or, must she continue to pay for both children, half of it until he turns 19.

She would pay the same amount she is paying now unless she asks the court to recalculate support bases on the new living arrangements of the children. One way or another she will be paying less than she is paying now.

3) If he moves, would I then owe mom child support? (Because mom routinely violates court orders according to her own reading of them, I suspect when/if my son moves, mom will unilaterally decide that since she has one child living with her, we will be even and no child support is due either way.)

Again, it depends on the recalculation, or how much more time he will be in high school after he turns 18. However, if one parent has one child and the other parent has the other, then generally the parent with the higher income ends up paying some support.

4) What should my strategy for college payment be? I was going to take my ex to court to force her to pay. However, given that the court will likely order 1/3, 1/3, 1/3 at a state rate, and since I have no money, it seems prudent to let her or my son take it to court if they wish to.

Since you don't want to force the issue of college costs, it certainly would not be in your best interests to be the one to file suit.