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Old 08-15-2008, 09:45 PM
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Default Post-Majority Child Support

I am a NCP now residing in Illinois, CP now resides in Kentucky. Support order originally entered in Indiana -- no provisions in order specifying when support is to terminate.

1.) Can I safely assume that although neither party resides in Indiana any longer, the statues of that state still apply? In other words, that support
continues until child reaches age 21, in accordance with Indiana law.

2.) Child is beginning college and CP and I would like to establish a post-majority support arrangement. How are these typically framed in such a situation? Where are payments directed and are they apportioned according to when child is at home versus on campus? I'm just looking for a high-level framework based on what you have seen.

Thank you for your time and input!
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Old 08-16-2008, 06:29 AM
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Quote:
Originally Posted by es466 View Post
Can I safely assume that although neither party resides in Indiana any longer, the statues of that state still apply? In other words, that support
continues until child reaches age 21, in accordance with Indiana law
Your assumption is correct.

Quote:
Originally Posted by es466 View Post
Child is beginning college and CP and I would like to establish a post-majority support arrangement. How are these typically framed in such a situation? Where are payments directed and are they apportioned according to when child is at home versus on campus? I'm just looking for a high-level framework based on what you have seen.
Post majority child support orders are not required in most states (only in ten), and have been, in fact, declared illegal in one state (PA). To date, there are only ten states that have post majority support laws in place, and Kentucky is not one of those states at this time. That does not mean you cannot enter into some kind of agreement to continue paying child/college expenses, but it is not required and conversely, it is not illegal.

Therefore the answer to your question is simply that since Kentucky (the place where the child resides) has no laws regarding requiring post majority support for college adult children, then you are free to structure it as you wish. Obviously, you can hire an attorney to compose an agreement that you feel is appropriate, but I would caution against entering into any legally binding agreement that you do not have to. In other words, suppose you sign an agreement to commit yourself to pay such and such, then, God forbid, you lose a job, or become ill, or something else unexpected happens. You will have committed to this agreement that can be considered enforcable---not in family court, but in small claims.

If you and the CP have a good "working" relationship, would verbal agreement be sufficient, with the caveat that if your financial situation changes drastically, you will not be liable to continue to pay for your adult child's expenses?

It all boils down to what you think is best since Kentucky has no specific laws (that I know of) that require post majority child support. However, I am not in Kentucky and laws change, so a quick call to a local attorney should confirm that before you begin.
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