Legal Question in Family Law in Indiana

Child Support stops at 18 ?

I was divorced in Indiana (but I live in Tennessee) and the X had the child support stopped when our daughter reached 18 years old.I found out that the State law is that the child support can't stop if the child is a student till the age of 23. Can I make the X continue the child support while she is in school? She will still be in high school 4 months past her 18th birthday. Do I have to take the X back to court to continue child support when its a State law? What do I do ??


Asked on 11/28/04, 7:59 pm

2 Answers from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Re: Child Support stops at 18 ?

You have asked if you have to "go back to court" to resume child support. Really that depends upon what you mean by "X had the child support stopped when our daughter reached 18 years old." Did he/she do that through a court order? If so, you will have to go back to court. Regardless, it appears you are headed back to court, because if Ex refuses to pay, you are probably going to need the assistance of the court to enforce the order. please contact a lawyer about this.

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Answered on 11/29/04, 11:09 am
Mary Ann Wunder Wunder & Wunder

Re: Child Support stops at 18 ?

Indiana law specifies that child support continues to age 21. You can return to Indiana to enforce the decree or you can take a copy of your decree to the Tennessee child support agency and seek enforcement in Indiana by referral from Tennessee. If your decree contemplates that the other parent will contribute to college expenses, then that can also be enforced, but if the decree is silent, you can still petition for modification to include such expense.

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Answered on 11/29/04, 11:22 am


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