November 02, 2026
Introduction
College can create a new financial disagreement long after a divorce is final. In Indiana, a court may order divorced parents to help pay reasonable college expenses. The amount is not automatically divided in half, and the student may also be expected to contribute. Asking the court at the right time is essential.
After more than 20 years of practicing law, I encourage parents to address college planning before the first tuition bill arrives. Start with the divorce decree, the child’s plans, and a realistic budget. A clear order can prevent uncertainty about what must be paid, by whom, and when.
KEY TAKEAWAYS
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Can Divorced Parents Be Required to Contribute to Their Child’s College Expenses?
Yes. Indiana Code section 31-16-6-2 allows a court to order appropriate support for a child’s education at a postsecondary institution. The court considers the child’s aptitude and ability, the child’s reasonable ability to contribute through work, loans, and available aid, and each parent’s ability to meet the expense.
An award is not automatic simply because the child wants to attend college. The court must evaluate whether an order is appropriate and what the family can reasonably afford.
College Support Is Different From Ordinary Child Support
Ordinary child support generally ends at age 19, subject to statutory exceptions. Educational support is separate and can continue after ordinary support ends. Turning 19 does not automatically cancel an existing college support order.
Review the decree and all later orders. They may already address college, establish conditions, or require particular steps before payment is due. A parent should not assume that ending weekly child support also ends every educational obligation.
What If the Parents Reach an Agreement?
Parents may negotiate an agreement addressing college costs and submit it for court approval. A useful agreement identifies the covered schools or cost limits, each person’s share, how aid and savings are credited, and how payments will be documented.
Avoid relying on a vague promise that a parent will “help with college.” An informal discussion is not a substitute for a timely petition when court relief is needed.
Professional insight: I begin with the existing orders rather than assumptions about what parents usually pay. The wording may answer part of the dispute—or reveal that an issue still needs to be addressed before a deadline passes.
What Types of College Expenses Can a Court Require Parents to Help Pay?
An educational support order generally focuses on reasonable and necessary costs. Indiana Child Support Guideline 8 identifies tuition, books, laboratory fees, course-related supplies, and student activity fees. Room and board may be included when the student lives away from both parents.
Depending on the program and evidence, parents may also need to address whether an item such as a required computer qualifies as a course-related expense. A school’s total estimated cost of attendance does not automatically make every listed expense payable under the order.
The School’s Cost Matters
A child’s preferred school may cost much more than other suitable options. The Guidelines allow a court to limit its consideration to state-supported college costs or evaluate whether the family’s income and the child’s achievement justify private-school costs.
Compare actual costs after financial aid. A private school with substantial grants may cost less than its published tuition suggests. Conversely, choosing an expensive school does not automatically require the other parent to fund the difference.
Postsecondary support can also address suitable trade, technical, or other qualifying programs. It is not limited to a traditional four-year college. Indiana’s statutory authority does not extend to requiring payment of graduate or professional school expenses; a separate agreement may raise different questions.
Make the Order Specific
I recommend addressing:
- Which expenses are included and any annual or school-based cost cap.
- Whether room, meal plans, required equipment, or transportation are covered.
- How scholarships, grants, education savings, and refunds will be credited.
- Who receives bills and how quickly each person must pay.
- What enrollment, academic progress, and grade-report requirements apply.
- How long the obligation lasts and what happens if the student changes schools or stops attending.
These are terms to resolve—not a list of items that every court will order.
Professional insight: A percentage alone is often not enough. “Pay half of college” leaves unanswered what college includes, whether there is a cap, and whether the other parent must approve a major increase in cost. Clear terms make the order easier to follow.
How Does the Court Decide How Much Each Parent and the Child Should Contribute?
The court evaluates the financial picture rather than automatically dividing the bill into equal shares. The statute requires consideration of both the child’s resources and each parent’s ability to pay.
Each Parent’s Ability to Pay
Relevant financial information includes income, earning ability, assets, and liabilities. Parents should provide current records rather than rely only on financial information from the divorce.
The Guidelines caution against an award that would impose a substantial financial burden. Financial-aid information also matters. Complete the relevant aid applications and provide the results, including the current FAFSA information, rather than assuming aid eligibility establishes what a court must order.
The Child’s Share
The court may consider the student’s work, loans, financial aid, educational gifts, trusts, and education savings. The student’s academic ability and progress are also relevant.
The Guidelines generally credit scholarships, grants, student loans, and employment assistance to the child’s share, while permitting a different allocation when appropriate. The order should explain those credits so the same aid is not counted twice.
A loan must be repaid. Identify who is borrowing, who is legally responsible, and whether a proposed contribution is affordable. A financial-aid offer should not be treated as proof that every offered loan must be accepted.
Is There a Standard Percentage?
There is no automatic rule requiring each parent and the child to pay one-third.
Indiana’s Post-Secondary Education Worksheet uses each parent’s percentage of weekly adjusted income to calculate the parents’ shares after the student’s contribution. The court retains discretion to reach an appropriate allocation.
For example, assume the court determines that $12,000 remains for the parents to pay after allocating aid and the student’s share. A 60/40 division would mean $7,200 for one parent and $4,800 for the other. That is an illustration, not a required result.
Avoid Paying the Same Expense Twice
If educational support duplicates other child support for the same child, Indiana Code section 31-16-6-2(b) requires an appropriate reduction in the overlapping support. Living away at school can therefore affect the calculation. A parent should request the proper adjustment rather than simply reduce payments without authority.
Professional insight: I encourage parents to prepare one clear college budget showing the costs, available resources, proposed student contribution, and remaining parent shares. That gives everyone a concrete starting point for negotiation and helps identify where the disagreement actually lies.
When Should a Parent Ask the Court to Address College Expenses?
Start during high school, while there is time to review the orders, compare schools, and protect the filing deadline.
For many families, the key deadline is before the child turns 19. Waiting until the child has completed a first year of college may be too late to request an initial educational support order.
The Age 19 and Age 21 Rules
Indiana Code section 31-16-6-6 distinguishes between support orders issued before July 1, 2012, and those issued after June 30, 2012:
- An older qualifying support order may allow a petition for educational needs until the child turns 21.
- For an order issued after June 30, 2012, the petition generally must be filed before the child turns 19.
Guideline 8 also states that an order issued or modified after June 30, 2012, carries the before-19 filing requirement. Have counsel review the complete order history before relying on the older-order exception. The statute permits a parent, guardian, or the child to file when applicable.
A timely filing matters; the hearing does not necessarily have to occur before the birthday. Do not assume that negotiations, a college application, or a general reference to future college in a decree preserves every right.
If an educational support order already exists, enforcement or modification presents different issues from requesting an initial order. Get advice about the relief needed.
Do Not Assume Earlier Bills Will Be Reimbursed
Allen County’s court guidance explains that support awards generally are not retroactive and that the filing date is ordinarily the earliest effective date. Existing orders or agreements may affect the analysis. Do not wait to file on the assumption that a judge will later divide every bill already paid.
Gather school cost estimates, aid offers, academic records, education-account statements, and current parent financial information. If the filing deadline is near, seek advice immediately rather than waiting for the final school choice.
Professional insight: After more than 20 years in practice, my strongest recommendation is to address the deadline first. Gathering a complete budget is important, but parents should not let an approaching birthday pass while trying to resolve every detail informally.
What Should You Do Next?
- Review the divorce decree and all later support and education orders.
- Confirm the child’s birthday and the applicable filing deadline.
- Compare school costs and collect financial-aid information.
- Identify education savings, scholarships, and a reasonable proposed student contribution.
- Prepare a written proposal addressing covered expenses, payment shares, and conditions.
- Seek timely court relief if an agreement cannot be reached.
Speak With an Indiana Family Law Attorney
College expenses can create significant obligations after divorce. Understanding the existing orders, the available resources, and the filing deadline can help parents plan for their child’s education with fewer disputes.
The Bellinger Law Office assists clients in Fort Wayne, Allen County, and Northeast Indiana with educational support, child support, and other family law matters. Contact the Bellinger Law Office by calling us at (260) 428-2214, or by clicking on the link below, to schedule a consultation.
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Legal information reviewed October 31, 2026. This article provides general information about Indiana law. It is not legal advice and does not create an attorney-client relationship. Outcomes depend on the facts, applicable law, and terms of any court orders or agreements.
