Am I still responsible for child support now that my son is 19 and no longer in school?
Full Question:
I have a 18 year old son who lives with his father. I am required to pay child support and health insurance. On my son's 19th birthday, he or his dad was supposed to send me papers stating he was still enrolled in school, as per the insurance company.
I do not have the paperwork, nor have they sent to the insurance company. I cannot provide heath insurance without this paperwork. I can't afford COBRA on him, nor can I get COBRA without his dad's permission or my son's (he's now 19).
He is not in school nor employed. This is his and his father's choice. WIll the courts emancipate him, or will I still have to pay child support and pay for health insurance?
11/15/2007 |
Category: Divorce ยป Child Support |
State: Indiana |
#12365
Answer:
The following are Indiana statutes:
IC 31-16-6-2 (a) The child support order or an educational support
order....
(a) The child support order or an educational support order may also
include, where appropriate:
(1) amounts for the child's education in elementary and secondary schools
and at postsecondary educational institutions, taking into account:
(A) the child's aptitude and ability;
(B) the child's reasonable ability to contribute to educational expenses
through:
(i) work;
(ii) obtaining loans; and
(iii) obtaining other sources of financial aid reasonably available to
the child and each parent; and
(C) the ability of each parent to meet these expenses;
(2) special medical, hospital, or dental expenses necessary to serve the
best interests of the child; and
(3) fees mandated under Title IV-D of the federal Social Security Act
(42 U.S.C. 651 through 669).
(b) If the court orders support for a child's educational expenses at a
postsecondary educational institution under subsection (a), the court shall
reduce other child support for that child that:
(1) is duplicated by the educational support order; and
(2) would otherwise be paid to the custodial parent.
IC 31-16-6-4 (a) A child support order must include an order for....
(a) A child support order must include an order for medical support to be
provided by either or both parents.
(b) An order for medical support under this section shall be enforced
under 42 U.S.C. 666(a)(19).
IC 31-16-6-6 (a) The duty to support a child under this chapter ceases....
(a) The duty to support a child under this chapter ceases when the child
becomes twenty-one (21) years of age unless any of the following conditions
occurs:
(1) The child is emancipated before becoming twenty-one (21) 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) has joined 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.
IC 31-16-6-7 (a) Unless otherwise agreed in writing or expressly....
(a) Unless otherwise agreed in writing or expressly provided in the
order, provisions for child support are terminated:
(1) by the emancipation of the child; but
(2) not by the death of the
parent obligated to pay the child support.
(b) If the parent obligated to pay support dies, the amount of support
may be modified or revoked to the extent just and appropriate under the
circumstances on petition of representatives of the parent's estate.