Legal Question in Family Law in Indiana

child support and emancipation

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The code in Indiana for emancipation of a child is as follows:

31-16-6-6 Termination as modification of child support; emancipation of child

Sec. 6. (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.

The reason I am giving you this is that emancipation of a child at 18 is not automatic and you and your ex-wife cannot agree that the child is emancipated without the courts approval. If you try this without the courts approval you may still be obligated for support even though the child is living with you.

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Thee amount of child support is determined by guidelines established by the legislature. It is determined by taking a number of factors in to account including but noy limited to gross income of the parties, prior support orders or obligations of support to other children, special need of children, cost for medical insurance etc etc Not something you should consider without the services of an attorney.