College and Adult Child Support in Indiana: Post-Secondary and Incapacitated Children

By the FigureMyTax Editorial Team · How we calculate

Indiana child support can cover college through a separate educational support petition, due by the 19th birthday for orders after June 30, 2012 and the 21st for earlier orders. Support also continues for an incapacitated child.

Does child support cover college in Indiana?

A court can order it as educational support. A child support order or an educational support order may include amounts for the child’s education in elementary and secondary schools and at postsecondary institutions, taking into account the child’s aptitude and ability, the child’s reasonable ability to contribute through work, loans and other financial aid, and each parent’s ability to meet the expenses (IC 31-16-6-2(a)(1)). If it orders postsecondary support, the court must reduce other support for that child that the educational order duplicates (31-16-6-2(b)).

What is the deadline to ask for it?

For a support duty established in an order issued after June 30, 2012, the parent or guardian, or the child, may file a petition for educational needs until the child becomes 19. For an order issued before July 1, 2012, the deadline is the 21st birthday (31-16-6-6(e)-(f)).

What if an earlier petition was denied because the child was over 18?

If an order issued after June 30, 2012 denied educational support to a child who was under 21 when the petition was filed, and the denial rested on the child being older than 18, a parent or the child may file a new petition and the court must consider it on the merits (31-16-6-6(g)).

Is there child support for an incapacitated adult child in Indiana?

Yes. If the child is incapacitated, child support continues during the incapacity or until further order of the court (31-16-6-6(a)(2)). Keep medical and benefits records, and ask the court to confirm the order.

What does the court weigh for educational support?

The statute lists aptitude, ability, the child’s own ability to contribute, other aid and each parent’s ability to pay. Bring grades, an admission letter, a cost estimate, financial aid awards and each parent’s income.

What happens to the weekly support while college support is pending?

Regular support continues until the court rules. If the court orders postsecondary support it must reduce any other support for that child that the educational order duplicates and that would otherwise be paid to the custodial parent (31-16-6-2(b)). Keep paying the current order until then.

What does an Indiana court look at besides money?

The statute names the child’s aptitude and ability, so grades, test scores and an acceptance letter matter, and the child’s reasonable ability to contribute through work, loans and other financial aid, so a work and aid plan helps (31-16-6-2(a)(1)).

Does the child need the parents to agree?

No. The statute lets a parent, guardian or the child file the petition and the court decides on the listed factors, so an agreement is useful but not required. If the parents do agree on a figure, put it in the order so it can be enforced like other support.

Does educational support cover only college?

No. The statute covers amounts for the child’s education in elementary and secondary schools as well as at postsecondary institutions, in addition to special medical, hospital or dental expenses necessary to serve the child’s best interests (31-16-6-2(a)).

Who can file for educational needs?

A parent or guardian of the child, or the child, may file a petition for educational needs (31-16-6-6(e)-(f)). If the child files, make sure both parents are served.

What should a parent do before the child turns 19?

1. Decide whether to ask for educational support and calendar the 19th birthday (or 21st for older orders).
2. File the petition before the deadline with a cost estimate.
3. If the child will still be in high school, file the separate notice between the 17th and 19th birthdays.
4. Ask the court to end any duplicated weekly support.

What about unpaid support from before?

It stays owed: see how long Indiana arrears last and the Indiana child support end date calculator.

Frequently asked questions

Official sources

• IC 31-16-6-6: duration of the duty to support
• IC 31-16-6-2: educational support
• IC 31-16-6-1: support orders
• IC 31-16-12-3: arrearages survive the end of the duty

This is general information, not legal advice. It is based on the cited Indiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Indiana attorney.