Ask A Divorce Lawyer: If I emancipate my daughter, am I still responsible for her college expenses?

Question:

My daughter is in a state college and I am paying one-third of her tuition and off-campus living expenses, in addition to my child support order. She is 20 years old and not progressing academically in this school towards her goal of going to nursing school. So I want her to switch to a community college since she is retaking classes until she gets a better GPA. I'm looking at less debt for her later, but she is refusing to consider it. Since she lives in an apartment, and not with her mother, if I emancipate her at 21, will I still be responsible to pay for her living expenses and college tuition?

Answer:

I must inform you that I am not licensed to practice in Indiana. However, Cordell & Cordell has many attorneys licensed and located in Indiana who would be happy to help you. Because each state has different laws governing child support, it is important that you contact a domestic litigation attorney licensed in Indiana prior to taking any action.

First, you should you look to the child support order in your case.  You may or may not have agreed to pay your daughter’s college tuition. If the order is silent on your obligation to pay college tuition you should consult the Indiana Child Support Guidelines.  Some states have child support obligations in place until a child reaches age 21; other states have child support obligations in place until a child reaches age 18. Depending on the Indiana Child Support Guidelines and the specific order in your case, you still may have to contribute your 1/3 share to your daughter’s tuition.

Steven “Lee” Akins, Jr. is a Staff Attorney in the Memphis, Tennessee office of Cordell & Cordell, P.C. Mr. Akins practices exclusively in the area of domestic relations. He received his BBA in Finance from Southern Methodist University and continued his education to receive his Juris Doctor from Texas Wesleyan University.

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