In Indiana, the issue of secondary educational support (college expenses) can become complicated when a child refuses to maintain a relationship with one of their parents. This situation raises questions about a parent’s financial obligations and the child’s rights. While this topic is complex, an experienced family law attorney can explain how secondary educational support can impact your situation with your child. This blog will explore secondary education support obligations when a child refuses contact in Indiana.
Indiana is one of the few states where parents may be required to contribute to their child’s college expenses, even after the child turns eighteen (18). This obligation is not automatic and depends on numerous factors, including the child’s aptitude and ability, the parents’ financial resources, and the availability of financial aid.
When a child refuses to see or communicate with a parent, it may fall under what Indiana courts call the “repudiation” doctrine. This legal concept can impact a parent’s obligation to pay for college expenses. Repudiation occurs when a child, without justification, refuses to have a relationship with a parent. Courts typically only apply this doctrine to adult children (18 or older) or those nearing adulthood. If repudiation is established, the court may terminate the parent’s obligation to pay college expenses.
When determining whether repudiation has occurred and its impact on educational support, Indiana courts consider the child’s age and maturity, the reasons for the estrangement, any history of abuse or neglect, efforts made by the parent to maintain a relationship, and the child’s willingness to communicate or reconcile. The Indiana courts have addressed this issue in several cases. In McKay v. McKay, the court found that a child’s refusal to communicate with his father constituted repudiation, relieving him of the obligation to pay college expenses.
It is important to note that each case is unique, and there are exceptions that the court considers. If the child’s refusal to communicate is due to a history of abuse or other justifiable reasons, it may not be considered repudiation. Courts may order partial support even in cases of strained relationships, depending on the circumstances. If a relationship is repaired, the court may reinstate the obligation for educational support. Parents who find themselves in these situations should document their attempts at communication with their child. Consult with a family law attorney familiar with Indiana’s secondary educational support laws.
Parents can also consider mediation. Family mediation might help address underlying issues and improve communication. Mediation can be an option if the parents do not want to address this matter in court and would rather take an alternative dispute resolution approach. If circumstances have changed significantly, you may need to file for a modification of existing support orders. Courts strive to balance the child’s educational needs with the fairness of requiring a parent to support a child who has rejected them. However, they also recognize that family dynamics are complex and that there may be valid reasons for a child’s actions.
The intersection of secondary educational support and a child’s refusal to maintain a relationship with a parent is a complex area of family law in Indiana. While the repudiation doctrine provides some protection for parents who have been unjustifiably estranged from their children, each case is evaluated on its unique circumstances. If you are facing this situation, it is crucial to seek legal counsel to understand your rights and obligations under Indiana law. Remember, the goal is to find a resolution that serves the best interests of the child while also recognizing the rights and responsibilities of parents. The attorneys at Ciyou & Associates, P.C. have immense experience with secondary educational support throughout the state of Indiana. We are here to help. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
