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!
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!
Modification of Custody: Child Custody of an 18-Year-Old
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