CHANGES IN THE INDIANA CHILD SUPPORT LAWS:
On March 19, 2012, Indiana Governor Mitch Daniels signed a new child support law that goes into effect July 1, 2012. This may have a major impact on you and your children in that it now LOWERS the age of child support obligations from a payor parent from age 21 to age 19. There are a few exceptions, but there are also deadlines for filing of new petitions to continue support.
The new statutes provide as follows:
IC 31-14-11-18 (EFFECTIVE JULY 1, 2012) CHILD SUPPORT OBLIGATIONS
(a) The duty to support a child under this article (or IC 31-6-6.1 before its repeal),which does not include support for educational needs, ceases when the child becomes nineteen (19) years of age unless either of the following conditions occurs:
(1) The child is emancipated before the child becomes nineteen (19) years of age. If this occurs, the child support, except for educational needs, terminates at the time of emancipation. However, an order for educational needs may continue in effect until further order of the court.
(2) The child is incapacitated. If this occurs, the child support continues during the incapacity or until further order of the court.
(b) A child who is receiving child support under an order issued before July 1, 2012, may file a petition for educational needs until the child becomes twenty-one (21) years of age.
(c) A child who is receiving child support under an order issued after June 30, 2012, may file a petition for educational needs until the child becomes nineteen (19) years of age.
IC 31-16-6-6 (EFFECTIVE JULY 1, 2012) EMANCIPATION OF CHILD
(a) The duty to support a child under this chapter, which does not include support for educational needs, ceases when the child becomes nineteen (19) years of age unless any of the following conditions occurs:
(1) The child is emancipated before becoming nineteen (19) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court.
(2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; and
(C) is or is capable of supporting himself or herself through employment.
In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.
(b) For purposes of determining if a child is emancipated under subsection (a)(1), if the court finds that the child:
(1) is on active duty in the United States armed services;
(2) has married; or
(3) is not under the care or control of:
(A) either parent; or
(B) an individual or agency approved by the court; the court shall find the child emancipated and terminate the child support.
If you have questions about how this may impact you, your children or your child support order (in either paying or receiving), please contact your attorney to discuss these changes, or you may call The Law Offices of Mark Warren Coleman and Associates at (219) 462-0562 to schedule an appointment.
On March 19, 2012, Indiana Governor Mitch Daniels signed a new child support law that goes into effect July 1, 2012. This may have a major impact on you and your children in that it now LOWERS the age of child support obligations from a payor parent from age 21 to age 19. There are a few exceptions, but there are also deadlines for filing of new petitions to continue support.
The new statutes provide as follows:
IC 31-14-11-18 (EFFECTIVE JULY 1, 2012) CHILD SUPPORT OBLIGATIONS
(a) The duty to support a child under this article (or IC 31-6-6.1 before its repeal),which does not include support for educational needs, ceases when the child becomes nineteen (19) years of age unless either of the following conditions occurs:
(1) The child is emancipated before the child becomes nineteen (19) years of age. If this occurs, the child support, except for educational needs, terminates at the time of emancipation. However, an order for educational needs may continue in effect until further order of the court.
(2) The child is incapacitated. If this occurs, the child support continues during the incapacity or until further order of the court.
(b) A child who is receiving child support under an order issued before July 1, 2012, may file a petition for educational needs until the child becomes twenty-one (21) years of age.
(c) A child who is receiving child support under an order issued after June 30, 2012, may file a petition for educational needs until the child becomes nineteen (19) years of age.
IC 31-16-6-6 (EFFECTIVE JULY 1, 2012) EMANCIPATION OF CHILD
(a) The duty to support a child under this chapter, which does not include support for educational needs, ceases when the child becomes nineteen (19) years of age unless any of the following conditions occurs:
(1) The child is emancipated before becoming nineteen (19) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court.
(2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
(3) The child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; and
(C) is or is capable of supporting himself or herself through employment.
In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.
(b) For purposes of determining if a child is emancipated under subsection (a)(1), if the court finds that the child:
(1) is on active duty in the United States armed services;
(2) has married; or
(3) is not under the care or control of:
(A) either parent; or
(B) an individual or agency approved by the court; the court shall find the child emancipated and terminate the child support.
If you have questions about how this may impact you, your children or your child support order (in either paying or receiving), please contact your attorney to discuss these changes, or you may call The Law Offices of Mark Warren Coleman and Associates at (219) 462-0562 to schedule an appointment.
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