Legal Question in Family Law in Indiana

Child Support

I have joint custody of a 2 yr old daughter of who's mother I was never married to. I am involved with a woman now with whom we have talked possible marriage in the future. She is concerned of what she understands as would be her obligation to continue to pay child support to the mother of my child in the case of my untimely death before the child reached 18 years of age. This is weighing so hard that my friend has even talked about not proceeding seriously with the relationship. We both need this answer to have peace of mind. She currently lives in Kentucky and says she has a friend there that is going through this now and that it is her understanding Indiana law is the same. I have been on the net trying to research this but can find no reference.


Asked on 12/05/04, 1:50 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Child Support

I don't know the answer to your girlfriend's Kentucky law belief, but in Indiana, a step-parent has no obligation to see that child support is paid once the parent dies. If there is a probate estate upon death and no will, then there may be a share of the estate that must be paid to the child (or his guardian), but unless there was a specific requirement in a will, the step-parent would never be required to make the weekly support payment. In order for there to be a probate estate, the parent would have to have more than $15,000 in value of property in his name alone. If all property is owned jointly between a husband and wife, then there is no probate property that a child could inherit.

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Answered on 12/06/04, 9:09 am


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