In Indiana, a child is considered emancipated at the age of 19 by operation of law. Therefore, emancipation eliminates a parent’s duty to pay child support for the child, and in most cases, a parent’s other support obligations to their children terminates at the age of 19. However, there are key exceptions to this rule that are covered in this blog. “By Operation of Statute.” The first thing to know about emancipation is that, in most cases, it occurs “by operation of statute.” To expand, a child’s emancipation is governed by statutory code. Pursuant to the relevant statutory code section, a ...
September 18, 2020CD
It’s important for the attorneys at Ciyou & Dixon, P.C., as family law practitioners, to stay updated on Indiana laws to best serve our clients. Part of our ongoing effort to provide effective and efficient legal counsel to meet our clients’ goals includes learning about legislation that impacts the types of cases in which we are often involved. In this blog post, we discuss several changes that will become effective in 2019 that may impact issues in family law (divorce, paternity, child support modification, guardianship, adoption, etc.) that an individual may find themselves facing if you are involved in one ...
May 15, 2019CD
Indiana law changed several years ago to terminate a parent’s general duty to pay child support at 19. However, this law left in place language that allowed a trial court to have the discretion to award higher education expenses.1 Courts frequently award such colleges expenses. This has been subject to great debate among Hoosiers as many states end all support at or around 19. The reason age 19 is part of many statutes is because a senior in high school may turn 19 during his or her senior year. In Indiana, SB 109 was introduced in the most recent session of the ...
May 12, 2015Adam Hayes
Child Support is generally ordered in every case where there is a minor child(ren) in a divorce or paternity (child born out of wedlock) case. There are 3 main ways to terminate a child support order: Emancipation – Age – In Indiana, a child support order continues until the child reaches the age of 19 (previously 21), by statute. Some courts will automatically terminate a wage withholding order, and stop withdrawing funds from your paycheck upon the child turning 19, but in other cases, you may need to file a motion with the court to stop child support. Financial support for a ...
October 23, 2014CD
There is no doubt the divorce process is long, stressful, and expensive, so when it is final, and you can start to move forward with your life, it’s easy to lose track of many important documents and considerations. Many attorneys will withdraw from your case after the final order is issued, because, for all intents and purposes, the scope of what you retained them to do is complete. However, and especially if you have children with your now ex-spouse, there are many things to remember and keep track of. 1) Keep a copy of your final divorce decree and know where ...
June 24, 2014CD
What Are They? When Can They Be Modified? Under a recent modification to the age of emancipation under Indiana Law, children are emancipated for child support purposes at the age of nineteen (19)1. However, at age nineteen (19), many children are attending college or other secondary education. It should be noted under the new statute, that if the child support order is prior to July 1, 2012 (date of the statute modification), the child has until age twenty-one (21) to petition for educational expenses. If the order is from after June 30, 2012, the child only has until age nineteen (19) to ...
January 10, 2013CD
As of July 1, 2012, a new statute regarding emancipation of children for child support matters went into effect. Previous blog posts have examined the intricacies of the new law, and some cases after its inception. However, recently, the Committee that helped enact the new law is taking a second look at it. The Child Support and Custody Advisory Committee met Tuesday, October 2, 2012 to discuss the recently passed and enacted law1. The main concern seems to be that children, under the new law, may miss out on educational assistance from one or both parents by failure to request same under ...
October 23, 2012CD
A topic Ciyou & Dixon, P.C. has blogged about before is the new emancipation statute effective July 1, 2012, the new child support statute inIndianagoes into effect. However, there has been a recent case decided by the Indiana Court of Appeals which gives into how the Indiana Court of Appeals may view and apply this new law. To recap, the new child support emancipation differs from the current version mainly due to the change in the child’s age to terminate child support. Under the current (soon to be old law) children generally receive child support until they turned twenty-one (21). Under ...
June 14, 2012CD
Starting in July 1st of this year, the age children are emancipated for the purpose of child support will change from 21 to 19. With the enactment of this new law, there will be a transition time where attorneys advocate it meanings, and the trial court and ultimately Indiana’s appellate courts agree or disagree to give it legal meaning. The scope and limits of this new statute are undetermined at this time. One of the main topics addressed in the new statute is education. There is a specific exception for educational expenses to be allowed to continue–after age 19-- by order ...
May 1, 2012CD