How Are College Expenses Handled in an Indiana Divorce?

For many divorced parents in Indiana, a major concern is who pays for college after the divorce is finalized. Unlike child support, which typically ends when a child turns 19, Indiana law allows courts to order divorced parents to contribute to college expenses, including tuition, books, and room and board. However, there are exceptions, including a legal concept called repudiation, which may relieve a parent of their obligation to contribute.

At Vining Legal, we help parents understand their financial responsibilities regarding college costs after divorce and explore legal options if disputes arise.

Do Divorced Parents Have to Pay for College in Indiana?

Unlike some states where parental contributions to college are voluntary, Indiana law permits courts to order divorced parents to share the cost of a child’s post-secondary education. However, there are several factors the court considers before making such an order.

Factors Indiana Courts Consider for College Expense Orders

✔ Each parent’s financial situation – Can they afford to contribute?
✔ The child’s financial resources – Scholarships, grants, or personal income.
✔ The child’s academic performance – Are they serious about their education?
✔ The parent-child relationship – Has the child severed ties with a parent? (Repudiation)
✔ Any existing agreement in the divorce decree – Did the parents agree on college costs in the past?

🚨 Key Point: If no prior agreement was made during the divorce, a parent may still be ordered to contribute based on the above factors.

🔗 Related Read: Navigating Indiana Divorce: Understanding the Importance of Financial Preparedness

What Is Repudiation and How Can It Affect College Expenses?

Repudiation is a legal defense that may allow a parent to avoid paying college expenses if the child has completely cut off the parent without just cause. Courts recognize that a parent should not be forced to pay for a child who has abandoned the parent-child relationship.

Examples of Repudiation in Indiana

✔ The child refuses all contact with the parent.
✔ The child disowns the parent or actively disrespects them.
✔ The child aligns with the other parent and refuses any communication.

🚨 Key Point: If a child has repudiated a parent, the parent can petition the court to terminate their financial obligation for college expenses.

Can Parents Agree to Waive College Expenses?

Yes, parents can negotiate and agree in the divorce settlement to waive future contributions to college costs. However:

• The agreement must be clear and in writing.

• Courts may still intervene if a parent later petitions for college expense contributions.

• If one parent violates the agreement, the other can seek enforcement.

🚨 Key Point: If you want to avoid future disputes, ensure your divorce settlement clearly addresses college expenses.

What If I Can’t Afford to Pay for College After Divorce?

If you are ordered to contribute but genuinely cannot afford it, you may:

✅ Request a modification of the court order due to financial hardship.
✅ Present evidence that your income does not allow for contributions.
✅ Negotiate an alternative arrangement with the other parent.

At Vining Legal, we help parents petition for fair contributions or defend against unfair financial obligations.

Unsure About College Expenses After Divorce? Contact Vining Legal Today.

At Vining Legal, we:
✔ Help parents understand their financial responsibilities.
✔ Defend against unfair college expense orders.
✔ Assist with repudiation claims and legal modifications.

📞 Call or text (317) 759-3225 to schedule your consultation today. Let’s protect your financial future and ensure a fair resolution.

Or, use our online consultation form to request an appointment now.