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Indiana Child Support Obligation Reduced to Age 19 as of July 1, 2012

4/3/2012

6 Comments

 
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.
6 Comments
matt colby
5/14/2012 08:50:25 am

in my divorce degree it states that i pay until 21.with the new law that goes into affect july 1 of this year does that change for me also? also he recieves ssi payments for being adhd.

Reply
Will
5/29/2012 02:32:32 pm

If I am reading this correctly, it states that you pay child support until they turn (18). If there is a need for support to continue due to education then she has to apply for an extension, which will only go until the child turns (21), if the order for support is prior to July 1, 2012 and (19) if the order for support is dated July 1, 2012 and beyond. SSI doesn't figure in to when support stops.

Reply
MWC
5/30/2012 01:29:54 am

Will: The new statute is quite confusing, even to attorneys and judges. The "18" you see is the same as it was before; certain triggering events can cause a court to emancipate at 18. However, effective July 1, 2012, 19 is the new age for automatic "child support" termination, not 18 or 21. I would strongly suggest you consult your attorney to get the proper answer to your question.

MWC
5/30/2012 01:47:26 am

Matt: If your dissolution decree specifically states that you have to pay until the child is 21, there may be a contractual reason or some other reason why the specific age of 21 was included. I would strongly suggest you consult your attorney to review your decree and get the accurate answer to your question.

Reply
Terry
2/7/2014 11:47:02 am

I settled outside of court thru mediation . My decree states I will pay child support and 75% of child's car insurance till 21 or Emancipated. When my child turns 19 ... I know child support ceases but Does that mean the car insurance should ceases too...

Reply
MWC
2/10/2014 12:52:36 am

Terry: Not knowing all of the terms of your Mediated Settlement Agreement, it would be hard to give you an accurate response. However, an answer to this question is considered "legal advice" which cannot be given on this site. It is strongly suggested that you contact your attorney to review your agreement in order to get an accurate answer.

Reply



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