Legal Question in Family Law in Indiana
To what age is support paid for children. 18yrs to out of college?
My divorce decree(2002) is not clear. My 2 sons are in school, the oldest in college. My understanding is that support was paid until the child is out of college. My ex husband moved back to Kentucky and died(2003). He wrote his own will. We are trying to make a claim for future child support. Our Kentucky attorney, that is working on the estate problems, said that the Indiana divorce did not say to what age the support is to be paid. SO-in Indiana--when does support stop? My understanding was out of college. Our boys would be 22 when out of college. The Kentucky attorney said in Kentucky support is paid to age 18. Where do I find this(the Indiana age limit maximum)in the law(in print).
Thank you
1 Answer from Attorneys
Re: To what age is support paid for children. 18yrs to out of college?
Indiana law is found in Title 31 of the Indiana Code and specifies that child support continues to the child's 21st birthday absent factors to emanicpate the child prior to such time (marriage and entry into the military service are the main events that automatically emancipate a child before 21). So long as the Court has entered an order for college expenses prior to the child's 21st birthday, then the contribution toward college expenses continues beyond the 21st birthday. If your decree did not specifically state that the non-custodial parent was to pay a portion of those expenses, then you can only get support figured to age 21. If the support was a lump sum (and not a per child order), then the amount does not change as the older one reaches 21 and remains the same until the younger one reaches 21. See IC 31-16-6-6: IC 31-16-6-6
Termination or 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.
As added by P.L.1-1997, SEC.8.
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