Indiana courts can order divorced parents to contribute to their child's college education under Indiana Code § 31-16-6-2, but regular child support ends at age 19 regardless of enrollment status. Parents must file a petition for post-secondary educational expenses before the child turns 19 or permanently lose this right. Courts typically divide college costs into thirds: one-third from each parent and one-third from the child through scholarships, loans, and employment. Indiana limits contributions to the cost of attending a state-supported institution such as Indiana University or Purdue University, which averages $10,000-$12,500 in annual tuition for in-state residents.
Key Facts: Child Support and College in Indiana
| Factor | Indiana Requirement |
|---|---|
| Filing Fee | $157-$177 (varies by county) |
| Waiting Period | 60 days after filing |
| Residency Requirement | 6 months state / 3 months county |
| Grounds for Divorce | No-fault (irretrievable breakdown) |
| Property Division | Equitable distribution |
| Child Support Ends | Age 19 (regardless of college) |
| College Expense Deadline | Must file before child turns 19 |
| Typical Cost Split | One-third each (parents + child) |
| Graduate School | Not covered |
Regular Child Support Does Not Automatically Cover College Tuition
Indiana child support terminates when a child turns 19 under IC 31-16-6-6, and this termination applies regardless of whether the child is enrolled in college. The base child support calculation using Indiana's Income Shares Model does not include post-secondary educational expenses. Parents seeking contributions toward college must file a separate petition under IC 31-16-6-2, which grants courts discretionary authority to order educational support distinct from regular child support obligations.
This distinction creates an important planning consideration for divorcing parents with children approaching college age. The regular child support order will end on the child's 19th birthday, while a post-secondary education order operates independently under different rules and timelines.
What Makes Indiana Unique
Indiana is one of approximately 20 states that allow courts to order divorced parents to pay for college expenses. Married parents in Indiana have no legal obligation to pay for their children's college education, but divorced parents can be compelled by court order to contribute. The Indiana Supreme Court has upheld this differential treatment, reasoning that children of divorce should not be disadvantaged compared to what they would have received had the marriage remained intact.
How Indiana Courts Determine College Expense Orders
Indiana courts treat post-secondary education as a group effort involving both parents and the child, with contributions divided based on each party's ability to pay. Under Indiana Child Support Guideline 8, courts consider multiple factors when determining whether to order educational expenses and how to apportion them. If the Free Application for Federal Student Aid (FAFSA) shows an expected family contribution of zero, courts should not order parents to pay educational expenses.
Factors Courts Must Consider
When evaluating a petition for post-secondary educational expenses, Indiana courts analyze:
- Each parent's gross income and earning capacity
- Each parent's financial assets, including investments and real property
- Each parent's liabilities, including mortgages and other debts
- The child's academic aptitude and ability to succeed in college
- The child's ability to contribute through work and loans
- Available scholarships, grants, and financial aid
- Educational savings accounts and 529 plans
- The standard of living the child would have enjoyed if parents remained married
Courts will not order educational expenses if doing so would impose a substantial financial burden on either parent. The FAFSA expected family contribution serves as a key metric: if FAFSA indicates the family cannot afford to contribute, the court should decline to order payments.
Common Division of College Costs
Indiana trial courts have developed a common approach to dividing college expenses among parents and the child. While judges retain discretion to order different arrangements based on specific circumstances, the one-third model has become standard practice in many counties:
| Responsible Party | Typical Share | Source of Funds |
|---|---|---|
| Parent 1 (Higher Earner) | 33% | Income, savings, loans |
| Parent 2 (Lower Earner) | 33% | Income, savings, loans |
| Child | 33% | Scholarships, grants, work, loans |
Courts credit scholarships and grants to the child's share unless circumstances justify crediting them to a parent's share. A child receiving a $10,000 academic scholarship would have that amount applied toward their one-third contribution first.
What College Expenses Indiana Courts Can Order
Indiana courts may order parents to contribute to tuition, mandatory fees, books, lab supplies, and room and board when the child lives away from both parents. The court's authority under IC 31-16-6-2 extends to all reasonable and necessary educational costs, though certain limitations apply. Courts typically cap parental contributions at the cost of attending a state-supported institution such as Indiana University Bloomington or Purdue University West Lafayette.
Covered Educational Expenses
- Tuition at undergraduate institutions (approximately $10,000-$12,500 per year at Indiana public universities)
- Mandatory student fees and activity fees
- Textbooks, lab supplies, and course materials
- Room and board when child does not reside with either parent (approximately $13,000-$19,000 per year)
- Transportation costs for commuting students in some cases
- Vehicle and insurance costs in some circumstances when necessary for college attendance
Expenses NOT Covered
- Graduate or professional school tuition (Indiana Supreme Court ruled these are excluded)
- Living expenses when child resides with a parent
- Study abroad programs beyond standard tuition costs
- Fraternity or sorority fees
- Entertainment and personal expenses
- Out-of-state or private university premiums above state school rates
Limitation to State-Supported Institutions
If a child chooses to attend a private university or out-of-state school, Indiana courts may limit parental contributions to what they would pay for an Indiana public university. For the 2025-2026 academic year, Indiana University Bloomington charges approximately $12,509 in tuition and fees for in-state students, while Purdue University charges approximately $9,992. The total cost of attendance including room and board ranges from $26,000 to $30,000 annually at these institutions.
Critical Deadline: File Before Age 19
The petition for post-secondary educational expenses must be filed before the child turns 19 years old under IC 31-16-6-2(b). This deadline applies to both parents and to the child, who may also file the petition. Once the child reaches age 19 without an educational support order in place, the court loses jurisdiction to issue one, and the right to request college expense contributions is permanently lost.
Timeline Planning for College Expenses
| Child's Age | Action Required |
|---|---|
| Age 16-17 | Begin discussing college plans and potential costs |
| Age 17-18 | Gather financial information and college cost estimates |
| Before 19th birthday | File petition for post-secondary educational expenses |
| During college | Child must maintain C average to continue receiving support |
| After 4 years/8 semesters | Support typically ends |
For older divorce decrees or paternity orders, the filing deadline may be age 21 rather than 19, so parents should review their specific court order to confirm applicable deadlines.
How Child Support Changes When Child Attends College
When a child moves away to college and no longer resides with the custodial parent, Indiana courts recognize that continued child support payments to that parent may constitute duplicate support. Under IC 31-16-6-2, courts must reduce child support payments that duplicate educational support when the child lives at college rather than with the custodial parent. A noncustodial parent ordered to pay room and board expenses while the child lives on campus should not also pay the same amount to the custodial parent.
Interaction Between Child Support and Educational Support
Indiana case law establishes that when a child is living at college away from both parents:
- Regular child support to custodial parent may be reduced or suspended
- Room and board payments shift from custodial parent to direct educational costs
- Health insurance and medical expense obligations typically continue
- The child's living situation during summer and breaks affects support calculations
Parents should petition for modification of the child support order when the child begins college to avoid paying duplicative expenses.
The Repudiation Defense
Indiana recognizes the repudiation defense, which allows a parent to avoid paying college expenses if the child has completely severed the parent-child relationship without justification. Courts have held that parents should not be compelled to fund education for children who refuse all contact and have abandoned the relationship. The child's repudiation must be voluntary and without cause attributable to the parent.
Requirements for Repudiation Defense
- The child initiated the severance of the relationship
- The parent did not cause the estrangement through misconduct
- The child refuses contact, communication, or any relationship
- The repudiation is ongoing and not a temporary dispute
This defense recognizes that the parent-child relationship involves reciprocal obligations. A child cannot simultaneously demand financial support while refusing any relationship with the parent.
Filing for Post-Secondary Educational Support
Parents seeking a college expense order must file a petition in the court that issued the original divorce or custody order. The filing fee for child support modifications in Indiana ranges from $157 to $177 depending on the county, with Marion County and Clark County at the higher end. Fee waivers are available for households earning at or below 125% of federal poverty guidelines, approximately $19,000 for a single person or $26,000 for a two-person household in 2026.
Required Information for Petition
- Both parents' current income and tax returns
- Financial assets and liabilities for each parent
- Child's academic records and college plans
- Expected cost of attendance at chosen institution
- Available scholarships, grants, and financial aid
- 529 plans or other education savings
- FAFSA information and expected family contribution
Filing Process
- Prepare and file petition before child turns 19
- Pay filing fee ($157-$177) or request fee waiver
- Serve petition on other parent ($28-$75 for service)
- Exchange financial disclosures
- Attend hearing for court determination
- Receive order specifying each party's contribution percentage
Indiana Residency Requirements for Filing
To file any child support action in Indiana, including a petition for post-secondary educational expenses, at least one spouse must have been an Indiana resident for six months immediately preceding the filing under IC 31-15-2-6(a). Additionally, the filing party must have resided in the county where the petition is filed for at least three months under IC 31-15-2-6(b). Military personnel stationed in Indiana satisfy these requirements based on their duty station.
Academic Requirements for Continued Support
Indiana courts typically require the child to maintain a cumulative C average (2.0 GPA) to continue receiving educational support. Courts may also limit support to four years or eight semesters of undergraduate study. A child who fails to maintain acceptable grades or extends their education beyond the standard timeframe may lose entitlement to parental contributions.
Conditions That May End Educational Support
| Event | Effect on Support |
|---|---|
| Graduation | Support ends |
| GPA below C average | Support may be suspended |
| 8 semesters completed | Support typically ends |
| Voluntary withdrawal | Support ends |
| Marriage | Support typically ends |
| Change to part-time status | Support may be reduced |
Indiana College Costs: 2025-2026 Benchmark
Understanding current college costs helps parents and courts determine appropriate contribution levels. Indiana public universities serve as the benchmark for court-ordered educational support:
| Institution | In-State Tuition | Room & Board | Total COA |
|---|---|---|---|
| Purdue University | $9,992 | $13,720 | $26,172 |
| Indiana University Bloomington | $12,509 | $17,208 | $30,602 |
| Indiana State University | ~$9,600 | ~$11,400 | ~$22,000 |
| Ball State University | ~$10,600 | ~$11,200 | ~$23,000 |
As of May 2026. Verify current rates with each institution.
For a four-year degree at Indiana University, in-state students can expect total costs of approximately $107,000-$125,000 including tuition, fees, room, board, books, and personal expenses. Parents ordered to contribute one-third each would pay approximately $35,000-$42,000 over four years.