Legal Question in Family Law in Indiana
Child Support termination
My fiance pays child support for 4 children. His son is almost 20 and still lives with his mother. My fiances' divorce decree states that when a child turns 18 and is no longer attending school and is working full for at least 4 mo. support can be terminated.I say he does not need to go back to an attorney to have this approved but can stop making payments as the perameters have already been set forth. He says he has to go back in front of a judge and have this approved. Why is this necessary when everthing has already been spelled out. Thank you
1 Answer from Attorneys
Re: Child Support termination
If the decree was entered in Indiana, then regardless of the language of the decree, the support continues until a child is aged 21 unless the child marries or joins a military service, when emancipation is treated as automatic. Otherwise, a judge must determine whether an emancipating event occurred between age 18 and 21. Also if the support is lump sum, rather than per child, you need a hearing before the judge to reduce the amount payable. To avoid being held in contempt, it is best to consult your attorney and petition the court. If the decree was entered in another state and is merely being enforced in Indiana, then the law may be different and he would still need to consult a lawyer.
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