The Court has the discretion to award post-secondary
educational expenses and determine the amount or percentage each party and the
child(ren) are responsible for. In making
this determination, the Court considers post-secondary education to be a group
effort and looks at the ability of each parent to contribute to the expenses as
well as the student’s ability to contribute to the expenses.
The Court looks at several factors when determining
how much each party and the student must contribute. For example, the court looks at each of the
parties’ incomes and overall financial condition of the parents and the student,
educational gifts, education trust funds, and any other education savings
program. The Court also takes into
account scholarships, grants, student loans, and other cost-reducing programs available
to the student.
Generally, a Court’s considers “educational expenses”
to include tuition, books, lab fees, supplies, and student activity fees. Room and board will also be included when the
student resides on campus or otherwise is not with the custodial parent. Typically, a Court will not require parties
to contribute amounts in excess of what it would cost to send their child to an
in-state public university for four-years.
However, as we often note in family law issues, parents and their children
are able to reach agreements specific to the individual needs and
circumstances.
If
you are considering a divorce or currently face a divorce and have children who
are planning on attending college, it is a good idea to discuss your situation
with a Hollingsworth & Zivitz, PC family law attorney. Hollingsworth &
Zivitz, PC serves clients in the greater Indianapolis area including Carmel,
Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville,
Avon, Brownsburg, and the counties surrounding Marion County.
To
discuss your divorce or family law issue with a Hollingsworth & Zivitz, PC
attorney, call 317.DIVORCE or click here to contact us online.
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