All Things Family Law

Discussion of all things related to family law from an Indiana divorce attorney.

This blog provides general family law and divorce law information. If you have a specific issue or case you need assistance with please contact me directly. 

Filtering by Category: school

NEW Indiana Child Support Guidelines 2015

The Indiana Supreme Court issued an order amending the Indiana Child Support Guidelines on November 5, 2015.  Below I have summarized many of the changes.  A copy of the Order can be found here

  • clarifying that the Guidelines apply to “educational support”;
  • the Guidelines apply not only to dissolution and paternity actions, but also juvenile proceedings, as well as third-party custodian and guardianship matters;
  • deleting language setting minimum support at $12.00 weekly;
  • that “if there were specific living expenses being paid by a parent which are now being regularly and continually paid by that parent’s current spouse or a third party, the assumed expenses may be considered imputed income to the parent receiving the benefit”;
  • an adjustment to support for subsequent legally adopted children;
  • as to health care coverage, if the coverage is provided without cost to the parent(s) then zero should be entered as the amount; and, if health insurance coverage is provided through an employer, only the child(ren)'s portion should be added, and only if the parent actually incurs a cost for it;
  • clarified how to credit social security benefits to a custodial parent;
  • updating the Guidelines to follow the “new” emancipation age law;
  • defines which education expenses are controlled expenses and which are extracurricular expenses;
  • incorporates the Affordable Care Act –“The rebuttable presumption that all children have insurance available at a reasonable cost recognizes the purpose of the Affordable Care Act. Courts should consider any exemption under the Affordable Care Act as sufficient to rebut the presumption that insurance is available at a reasonable cost” ;
  • a new provision regarding “Self-Monitoringand Compliance” with the requirement to provide coverage, based on the tax penalties in the Affordable Care Act;
  • a removal of the HIPW worksheet and provisions;
  • the following language related to the FAFSA form and whether the Court should enter a post-secondary expense order; and
  • a consideration of how the right to claim a child as a dependent on a parent’s taxes may affect health insurance subsidies or tax penalties under the Affordable Care Act; shall be prorated by the number of persons covered to determine a per person cost.

To discuss this further please contact me.  

What School District Does My Child Attend If We Are Divorced? Indiana Custody and Divorce Law

Parents sometimes dispute primary physical custody because they think that doing so will determine which school their child will go to, but I'm here to tell you that school placement is a red herring in a physical custody dispute. Why?

First, educational decisions are made by the child's legal custodian(s), not physical custodian(s). If parents share legal custody they must agree on the child's school placement. If a parent has sole legal custody, they alone get to decide which school the child will attend. For more about this distinction go here.

Secondly, if parents live in different districts Indiana law allows divorced or separated parents to choose between those districts, by filing an election. The law at issue states

the parent granted physical custody by a court may, not later than fourteen (14) days before the first student day of the school year, elect for the student to have legal settlement in the school corporation whose attendance area contains the residence of the student's mother or the school corporation whose attendance area contains the residence of the student's father. See I.C. 20-26-11. The same laws says where parents share 50/50 physical custody they must agree with the school district placement of the child.

While the primary physical custodian, or the joint physical custodians must make the election, school placement is a legal custody decision. All legal custodians (both parents if they share legal custody) must agree on the school placement.

So what school district will a child attend if the parents live in separate districts? The school district the legal custodian or legal custodians select.

If you would like to discuss this topic further, please contact me.

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