2015 Indiana Child Support Guidelines
review scheduled for public comment
On 19 March 2012 Indiana Governor Mitch Daniels signed into law Senate Bill 18 which reduces the duty to support a child from 21 years of age to 19. Indiana had been one of only three jurisdictions that continued a support obligation through 21 years of age sending the message that we are a state with immature young adults.
A child who is receiving child support under an order issued after July 1, 2012 will be presumed emancipated upon attaining the age of 19. Those under prior orders will still be presumed to be emancipated upon attaining the age of 21. The emancipation age does not include support for educational needs
There are some exceptions to the presumption in the law as follows:
(1) The child is emancipated before becoming nineteen (19) years of age. In this case the child support, except for the educational needs, 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 is at least eighteen (18) years of age; 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 is or is capable of supporting himself or herself through employment.
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11 comments:
Your information is incorrect. children with current orders in place do NOT retain a default age of 21 as their emancipation. The 21 age range only applies to educational needs "up until 21". In July 01 2012 ALL KIDS are emancipated at 19, but their is a subjective degree of variance on the post educational child support UP UNTIL 21. ( i.e. can the parents afford it and so on). Your making it sound like kids with current orders RETAIN emancipation up until 21 and this simply is not true. Unless I am reading your blog wrong. Let me know.. thanks.
I sure hope your right.. My step daughter is 20 living with her boyfriend and working and also pregnant.I really hope it will stop on July 1, 2012
So someone just told me that if we was already paying child support before July 1.2012 then we will have to keep paying until they are 21. How is that fair? They should automatically be taken off. Thanks
4610samiam is correct, the petition for secondary education expenses would have to be filed before the end of June. If the child turns 19 after July 1, then the custodial parent would have to file petition before the childs 19th birthday.If there is a current order for secondary education in place now along with child support, then that will continue but the support will end automatically on July 1.
Thank Vic....I spoke to an attorney about getting a support order "MODIFIED" if a current order has the "until 21" stipulation attached. All the parent has to do it go back to court and get it MODIFIED BACK DOWN TO 19.........but the educational support order cannot be modified back down......it goes until 21. ( which is still a CROCK) what kind of free country is this where we could get 6 months in prison for going over 5k in college arrears :::::::::Geeesh!
Thank Vic....I spoke to an attorney about getting a support order "MODIFIED" if a current order has the "until 21" stipulation attached. All the parent has to do it go back to court and get it MODIFIED BACK DOWN TO 19.........but the educational support order cannot be modified back down......it goes until 21. ( which is still a CROCK) what kind of free country is this where we could get 6 months in prison for going over 5k in college arrears :::::::::Geeesh!
So if my step daughter is turning 20 this year will she automatically be taken off in july? The support order he got about 12 years ago doesnt say he has to pay until they are 21? I am confused. Please help. Thanks
He has 3 children, 16,18,and almost years old. Would the oldest automatically be taken off on July 1st or would we have to go to court to have it stopped? She isn't in school and doesn't live with either parent and has a fulltime job and is pregnant.We should NOT have to keep paying the EX money for nothing..Please someone help me..
Tina, if your husband is paying support on 3 children, then he will have to file a modification of support with the courts because he will still continue to pay on the two younger children. If there were just the 1 child then emancipation would just stop but since there are more, a modification of support must be filed with the courts.
I am very confused, this article at the top says "Those under prior orders will still be presumed to be emancipated upon attaining the age of 21. The emancipation age does not include support for educational needs ".... which seems to imply if your court order preceded this law, you are bound to support until 21, assuming they are attending school. Please clarify.
What if your 17 and you want to move out and become an adult does this effect them? I want to move out but my parents are totally against it but I can fully care for my self and everything possible I even have a job and make good grades in school.
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