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 ...
Tag: child support modification
September 18, 2020CD
Clearly, with COVID-19 and significant changes in the global supply chain currently impacting most businesses, everyone has had their job put at risk to some degree. This is the case even in great economic times. A simple restructuring of a company may cause a job loss. In this case, many parents paying child support simply do not know what to do. Willful failure to pay support is a contemptible action in court. This blog explores the best practices to follow when you lose your job and/or otherwise cannot pay child support. The best way to start to address this problem is ...
June 11, 2020CD
As a general rule, a party can file for divorce at any time so long as the marriage is irretrievably broken.1 After a divorce is final, a party may move to modify custody at any time but has to show a substantial change in circumstance to prevail. Equally, a party may file a request to modify child support at any time, but evidentiary requirements are different if the support has been modified within a year or after. That said, everyone knows the Coronavirus has crippled most all facets of our society and it impacts the court. This blog explores filing ...
April 13, 2020CD
In Indiana, there have been significant layoffs and job terminations due to the outbreak of the Coronavirus. For non-custodial parents who pay child support, suddenly their child support payments paid through a typical income withholding order does not occur. However, just because you lose your job does not lower or terminate your child support obligation. You have to act. The same is true if you are paying child support directly through the clerk. If you do nothing, your child support will continue to be owed and come to add up to a significant arrearage. This blog discusses options for parents ...
April 6, 2020CD
Anytime you enter into the courtroom, and especially in domestic cases, a lot of otherwise private information becomes public (or before the court), because the court must consider the best interests of the children. Sometimes information comes out that leads to other types of civil or criminal actions, or inherently there is some relief a court must order if the court orders something else (one thing flows from the other). For example: 1. Child Support Modification. Child support modification can be brought as a separate issue all on its own, such as when the payor loses his or her job and income, ...
August 21, 2014CD
In domestic law cases, whether it is a pending divorce, a child custody case, or child support modification, many litigants are anxious to find out how the judge will rule. Oftentimes there is a lot of information presented by way of exhibits and testimony at a hearing. Sometimes, hearings can be just a few hours, and other times hearings will stretch on for 3 or 4 days, spanning several months. This can be very frustrating to a parent who is seeking to exercise more time with his or her child, or change custody and remove the child from what that ...
May 21, 2013CD
Child support payments can be modified throughout a course of litigation, either due to a change in circumstances of the parties1, children becoming emancipated2, or a change in child custody3, to name a few. Often if there is a change in child support, there is a potential overpayment of child support. In some cases, this overpayment may be reimbursed. In others, it may not be. How is it determined whether overpaid child support is reimbursed? It seems that much of it depends on the intent of the parties. For example, if a child became statutorily emancipated at age ...
April 16, 2013CD
In either divorce, or paternity cases, often the non-custodial parent is ordered to pay some amount of child support to the custodial parent. The actual weekly amount ordered depends on several variables, such as the relative income of both parents and the number of overnight visits the noncustodial parent has been ordered to receive. But what happens when the parent ordered to pay support just does not pay? There may be several reasons why, such as loss of income due to losing a job1, but what if, despite having a paying job and/or income, the parent who is obligated to pay ...
October 2, 2012CD
In these times of global financial uncertainty, Ciyou & Dixon, P.C. advocates observe that it is tougher than ever for divorced parents to make ends-meet. To some extent, this has always been the case. It’s a matter of basic economics–it costs more to run two different households, particularly on a single income if the other ex-spouses have not remarried. This coupled, with recent revisions to the Child Support Guidelines, makes the idea of child support modification a more ready consideration, or down-right appealing, to many parents. However, a child support modification does not occur just because of the passage of time ...
September 27, 2011CD
“I lost my job and have no income; does child support automatically stop?” No. Under Indiana law, child support continues at the amount it is ordered to be paid until another order of the trial court issues. For this reason, it is critical that a person who loses his or her job file a petition to modify child support at once. A trial court can only modify child support back to the date a Petition to Modify Child Support is filed. Therefore, it important–critical-- this be done at once, even if there is a significant delay before a hearing can be held. For ...
July 14, 2011CD