Sec. 2. (a) The child support order or an educational
support order may also include, where appropriate:
(1) amounts for the child's education in elementary and secondary
schools and at postsecondary educational institutions, taking into
account:
(A) the child's aptitude and ability;
(B) the child's reasonable ability to contribute to educational
expenses through:
(i) work;
(ii) obtaining loans; and
(iii) obtaining other sources of financial aid reasonably
available to the child and each parent; and
(C) the ability of each parent to meet these expenses;
(2) special medical, hospital, or dental expenses necessary to
serve the best interests of the child; and
(3) fees mandated under Title IV-D of the federal Social Security
Act (42 U.S.C. 651 through 669).
(b) If the court orders support for a child's educational expenses at
a postsecondary educational institution under subsection (a), the court
shall reduce other child support for that child that:
(1) is duplicated by the educational support order; and
(2) would otherwise be paid to the custodial parent.
[Pre-1997 Recodification Citations: 31-1-11.5-12(b);
31-1-11.5-12(c).]
As added by P.L.1-1997, SEC.8. Amended by P.L.2-2007,
SEC.361.
Notes of Decisions
Cited in
82
cases (
1 in the last 5 years), 1999–2024 · leading case:
Sebastian v. Sebastian, 798 N.E.2d 224 (Ind. Ct. App. 2003).
Sebastian v. Sebastian, 798 N.E.2d 224 (Ind. Ct. App. 2003).
· cites it 20× “Zachary's College Expenses Child support payments may properly include expenses for the child's education under Indiana Code section 31-16-6-2: The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education in…”
Carter v. Dayhuff, 829 N.E.2d 560 (Ind. Ct. App. 2005).
· cites it 14× “Ind.Code § 31-16-6-2. Our supreme court has stated that the provisions of Indiana Code Section 31-16-6-2 are "amplified" by the Indiana Child Support Guidelines, and that the "guidelines are to be utilized in the resolution of all petitions to determine or modify support.”
Hartley v. Hartley, 862 N.E.2d 274 (Ind. Ct. App. 2007).
· cites it 8× “Nevertheless, John maintains that the creation of the education trust was inappropriate based on the factors set forth in Indiana Code Section 31-16-6-2, which include the child's aptitude and ability, the child's reasonable ability to contribute to educational expenses through…”
In the Matter of the Marriage of: Mark A. Del Priore v. Jill E. Del Priore, 65 N.E.3d 1065 (Ind. Ct. App. 2016).
· cites it 10× “He asserts that the Indiana Supreme Court recently held that the term “postsecondary” in Indiana Code section 31-16-6-2 does not include graduate school and that Alyssa’s chosen degree program includes a graduate degree, for which the parties should not be responsible to pay the…”
Hinesley-Petry v. Petry, 894 N.E.2d 277 (Ind. Ct. App. 2008).
· cites it 16× “Indiana Code Section 31-16-6-2 provides in pertinent part, (a) The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education.”
Annette (Oliver) Hirsch v. Roger Lee Oliver, 970 N.E.2d 651 (Ind. 2012).
· cites it 8× “Indiana Code section 31-16-6-2 (2008) gives guidance regarding contribution toward post-secondary educational expenses, listing certain factors to take into account, such as “the child’s aptitude and ability,” “the child’s reasonable ability to contribute to educational…”
In re the Paternity of Makayla Lauren Pickett, Gregg Roberts v. Shonda Pickett, 44 N.E.3d 756 (Ind. Ct. App. 2015).
· cites it 6× “[19] Indiana Code Section 31-16-6-2(a) provides that a child support order or an educational support order may include (1) amounts for the child’s education in elementary and secondary schools and at postsecondary educational institutions, taking into account: (A) the child’s…”
Marriage of Bean v. Bean, 902 N.E.2d 256 (Ind. Ct. App. 2009).
· cites it 9× “See I.C. § 31-16-6-2; Moss v. Frazer, 614 N.E.”
Thacker v. Thacker, 710 N.E.2d 942 (Ind. Ct. App. 1999).
· cites it 8× “Ind.Code § 31-16-6-2 states, in pertinent part: (a) The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education .”
Brodt v. Lewis, 824 N.E.2d 1288 (Ind. Ct. App. 2005).
· cites it 12× “See I.C. § 31-16-6-2; Moss v. Frazer, 614 N.E.”
Lechien v. Wren, 950 N.E.2d 838 (Ind. Ct. App. 2011).
· cites it 6× “Father points to Support Guideline 8, which addresses extraordinary expenses, and Ind.Code § 31-16-6-2, which addresses educational support orders, and argues that he “agrees that an educational ex *845 pense order and child support order are separate and distinct” but that he…”
Lisa Svenstrup v. Thomas Svenstrup, 981 N.E.2d 138 (Ind. Ct. App. 2012).
· cites it 10× “Indiana Code § 31-16-6-2 sets forth those factors that the Court must take into account in setting an order for education support.”
Ind. Code § 31-16-6-2(0): 1 case
Ind. Code § 31-16-6-2(a): 17 cases
Sebastian v. Sebastian, 798 N.E.2d 224 (Ind. Ct. App. 2003).
“Zachary's College Expenses Child support payments may properly include expenses for the child's education under Indiana Code section 31-16-6-2: The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education in…”
In re the Paternity of Makayla Lauren Pickett, Gregg Roberts v. Shonda Pickett, 44 N.E.3d 756 (Ind. Ct. App. 2015).
“[19] Indiana Code Section 31-16-6-2(a) provides that a child support order or an educational support order may include (1) amounts for the child’s education in elementary and secondary schools and at postsecondary educational institutions, taking into account: (A) the child’s…”
Ind. Code § 31-16-6-2(a)(1): 7 cases
Hinesley-Petry v. Petry, 894 N.E.2d 277 (Ind. Ct. App. 2008).
“Indiana Code Section 31-16-6-2 provides in pertinent part, (a) The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education.”
In the Matter of the Marriage of: Mark A. Del Priore v. Jill E. Del Priore, 65 N.E.3d 1065 (Ind. Ct. App. 2016).
“He asserts that the Indiana Supreme Court recently held that the term “postsecondary” in Indiana Code section 31-16-6-2 does not include graduate school and that Alyssa’s chosen degree program includes a graduate degree, for which the parties should not be responsible to pay the…”
Ind. Code § 31-16-6-2(a)(1)(A): 2 cases
Sebastian v. Sebastian, 798 N.E.2d 224 (Ind. Ct. App. 2003).
“Zachary's College Expenses Child support payments may properly include expenses for the child's education under Indiana Code section 31-16-6-2: The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education in…”
Ind. Code § 31-16-6-2(a)(1)(B): 6 cases
Hinesley-Petry v. Petry, 894 N.E.2d 277 (Ind. Ct. App. 2008).
“Indiana Code Section 31-16-6-2 provides in pertinent part, (a) The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education.”
Ind. Code § 31-16-6-2(a)(1)(C): 2 cases
Hinesley-Petry v. Petry, 894 N.E.2d 277 (Ind. Ct. App. 2008).
“Indiana Code Section 31-16-6-2 provides in pertinent part, (a) The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education.”
J.H. v. J.K., No. 71A03-1311-JP-459 (Ind. Ct. App. May 15, 2014).
Ind. Code § 31-16-6-2(a)(2): 4 cases
Ind. Code § 31-16-6-2(a)(l): 1 case
Ind. Code § 31-16-6-2(a)(l)(C): 1 case
Hinesley-Petry v. Petry, 894 N.E.2d 277 (Ind. Ct. App. 2008).
“Indiana Code Section 31-16-6-2 provides in pertinent part, (a) The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education.”
Ind. Code § 31-16-6-2(b): 12 cases
Carter v. Dayhuff, 829 N.E.2d 560 (Ind. Ct. App. 2005).
“Ind.Code § 31-16-6-2. Our supreme court has stated that the provisions of Indiana Code Section 31-16-6-2 are "amplified" by the Indiana Child Support Guidelines, and that the "guidelines are to be utilized in the resolution of all petitions to determine or modify support.”
Thacker v. Thacker, 710 N.E.2d 942 (Ind. Ct. App. 1999).
“Ind.Code § 31-16-6-2 states, in pertinent part: (a) The child support order or an educational support order may also include, where appropriate: (1) amounts for the child's education .”
In re the Paternity of Makayla Lauren Pickett, Gregg Roberts v. Shonda Pickett, 44 N.E.3d 756 (Ind. Ct. App. 2015).
“[19] Indiana Code Section 31-16-6-2(a) provides that a child support order or an educational support order may include (1) amounts for the child’s education in elementary and secondary schools and at postsecondary educational institutions, taking into account: (A) the child’s…”
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