When does child support end in the state of Indiana?
Full Question:
My daughter's mother and I went through a paternity suit a few years back. Child support was set, but my daughter does not carry my name. When does child support end in the state of Indiana? My child turned 18 last August and graduates from high school next month. Her mother believes that I am obligated to pay support to age 21, is that correct? My daughter has a job, has not currently applied to any colleges, and I have had very little contact with her for the past 4 years now. She used her step-father's name on legal documents such as high school enrollment. Is that allowed?
05/17/2007 |
Category: Divorce ยป Child Support |
State: Indiana |
#5094
Answer:
The applicable Indiana statutes are as follows:
IC 31-16-6-2 The child support order or an educational support order may
also include, where appropriate:
(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 institutions of higher learning, 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
an institution of higher learning 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 31-16-6-6 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:
(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 or postsecondary school for the prior
four (4) months and is not enrolled in a secondary or postsecondary
school; 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 Unless otherwise agreed in writing or expressly provided in
the order, provisions for child support are terminated:
(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.
IC 31-16-8-1 Provisions of an order with respect to child support or an
order for maintenance ordered under IC 31-16-7-1 (or IC 31-1-11.5-9(c)
before its repeal) may be modified or revoked.
Provisions of an order with respect to child support or an order for
maintenance ordered under IC 31-16-7-1 (or IC 31-1-11.5-9(c) before its
repeal) may be modified or revoked. Except as provided in section 2 of
this chapter, modification may be made only:
(1) upon a showing of changed circumstances so substantial and
continuing as to make the terms unreasonable; or
(2) upon a showing that:
(A) a party has been ordered to pay an amount in child support that
differs by more than twenty percent (20%) from the amount that would be
ordered by applying the child support guidelines; and
(B) the order requested to be modified or revoked was issued at least
twelve (12) months before the petition requesting modification was
filed.
